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Friday, October 15, 2010 8:16:46 AM
A settlement involves a compromise agreed to today where you accept less - sometimes significantly less - than you think you might get if you litigated to the end.
If you want a settlement right now, before the examiner's report is filed, be prepared to accept a lot less than the dream numbers some of you have in mind. If you want the settlement to happen after the examiner's report, then - depending on what's in the examiner's report - it might be possible that the achievable settlement number could be substantially higher or lower than the number achievable today. Despite what is posted on this board, no one knows what will be in the examiner's report; perhaps even the examiner is still looking at some issues and he himself does not know what the final report will look like.
I persoanlly believe, based on the available information that I have looked at, that the examiner's report will strengthen equity's negotiating position, but I do not know that it will.
One thing I do know, as I stated above, a settlement involves a compromise. From equity's point of view that means accepting something less today than what might be achievable by litigating to the end (which could take years).
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