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Re: jmbell42 post# 4484

Saturday, 11/12/2011 7:47:51 PM

Saturday, November 12, 2011 7:47:51 PM

Post# of 8307


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?





















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