This is obviously why they want to make the transfer retroactive 2 years.
Look - the award exists. The argument about pursuing the final judgment, including the gross up, is just about who has standing to pursue it. Obviously the DOJ is trying everything in its power to reduce the award (if the award is to Wamu, which is insolvent hand has huge NOLs, then there is no tax gross up, because there's no tax on the award). Simple.
Does that affect us? Not really. Wamu can't honor the agreement anyway, for any number of reasons, including that it undoubtedly doesn't have enough shares in treasury to pay out the final award. So we're back to the argument over the computation of the payout.