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Re: Bourbon_on_my_cornflakes post# 21065

Wednesday, 04/29/2009 1:13:19 AM

Wednesday, April 29, 2009 1:13:19 AM

Post# of 27567
The plaintiffs had better make a case why we shold accept this deal:

20. The dismissal with prejudice of all intervenor claims and suits against Defendants is a condition precedent to this settlement and to payment of any consideration under this settlement. Irrespective of the procedural method by which such dismissals are obtained, the dismissals will be made part of the Agreed Final Judgment approved by the Court.

Now this is just plain sloppy/incompetent by Kim/Buzbee. If the plaintiff think the property is worth, say $100m, then they ought to have had the stooges guarantee to pay say $73m, to be reduced by the amount of the sale proceeds, to a minimum of $19m. That would at least leave the other unitholders thnking there was a limit to how little they would get at say $1 a share. Then at least we would have some reason not to oppose this deal. As it now stands, we are in real risk of getting zero, while WSE buys the property cheap, or the plaintiffs do. The plaintiffs should be banned from bidding.
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