I'm reading the FDIC's response in the Mintz case.
"the Warrant Agreement stated: 6.3. Control of Litigation. The Bank will retain sole and exclusive control of the Litigation and will retain 100% of any recovery from the Litigation. "
"Warrant holders therefore always understood that the entity that had issued the warrants was not the entity that would recover any proceeds from that litigation."
If I have this right, the FDIC said that according to the warrant agreement the bank receives the proceeds. The holding company WMI has the obligation to the warrant holders to issue the shares. So JPM would get the money, WMI has the obligation to issue shares. I know others have touched on this but I think I'm finally getting it.
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