I agree that the Warrant Agreement is not a complicated document and is quite plain and clear in its construction and intent.
Section 4.5 of the Warrant Agreement - which briefly mentions certain Transactions including reorganization and the involuntary dissolution of the Company - does provide for required adjustments so that LTW Holders can exercise their warrants.
I inferred from the totality of the Warrant Agreement that the LTWs could be exercised for new WMI Common Stock in the event of a reorganization. This point was not made by the Plaintiffs in their Post-Trial Memorandum and in the alternative the Plaintiffs are requesting a cash election - as was given to the Dime shareholders.
Was the exercising of the LTWs for new WMI Common Stock ever a point made by the Plaintiffs?