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Re: philipmax post# 3090

Tuesday, 01/18/2011 2:48:48 PM

Tuesday, January 18, 2011 2:48:48 PM

Post# of 8307
I can answer some of these things, sort of.

First, the reserve sets a maximum amount. We've won a chunk of Anchor and that part is non-appealable, so that's that. The added $60M and tax-gross up are in play, but the tax-gross up is sort of a wash for us anyway, if you think about it. So the only thing really in play is the $60M - we can't "lose" Anchor because the base award is no longer appealable (they lost at the court of appeals).

Who pays and what? They have breached the LTW agreement. Regardless, we can't get stock (see my previous posts regarding that). Placing us in Class 12 means that we're "in the money" as a creditor, rather than being Class 20 (or 21?) and a form of equity. As equity is "out of the money," it's a big win. If we're creditors in Class 12, we get our cash (the $347), plus the ability to participate in the equity offering.

I hope this explains some things.

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