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Re: Kharybdis post# 5788

Thursday, 01/05/2012 3:19:59 PM

Thursday, January 05, 2012 3:19:59 PM

Post# of 8307
Thank you Grudge for posting the links


Perhaps jmbell42 could put these in the Ibox under their own heading. At this point, the agreements have become the most important factor in the future of DIMEQ.

Wall_Street61 mentioned yesterday a reference to section 4.2(d). Here is the complete paragraph:

"(d) The Company hereby represents and warrants that any
Successor Company will enter into, and the Company will provide, an agreement with the Warrant Agent confirming the Holders' rights pursuant to this Section 4.2 and providing for adjustments, which will be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV."

Art Steinberg has focused on Wamu as the liable party. I can see the theory behind that approach. However, we really should be using 4.2(d) to ensure that Wamu enforces our interests with the "Successor Company", that being JPMC. Wamu does not necessarily owe us any money as Judge Walrath has opined, but they do owe us the representation and warranty to uphold our rights to 85% of the Anchor Litigation with the "Successor Company".

Wherever the Anchor Litigation goes, so do we go.

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