Silly argument? Sure. You can sit there and think this or that, but if your interpretation required an adjustment at the time of the dime/wmi merger....to give you what you say you deserve, cash, etc., then you are screwed by the statute of limitations. If your argument hinges on a breach of fiduciary duties of the board of directors to make that adjustment, according to the intent and all, you just lost. You have been explaining that very position for some time now, not even getting into the subject of whether the ltw's are equity or not, and you just lost.
Now you can come back and say but what about now? Well that is something totally different. Was an adjustment required at the time of the dime/wmi merger, taking into consideration of a 'good faith opinion'? The argument can be made that is was not required, because the thought of WMI filing for BK didn't even enter the mind of the BOD or any LTW holder at that time.
You can chew on that a bit and see if it is silly or if the agreement is as clear as you think it is.