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Re: woops post# 59213

Sunday, 12/02/2012 1:57:37 PM

Sunday, December 02, 2012 1:57:37 PM

Post# of 60937
You have to separate the board from the management. Two different things. Management makes decisions that can be accepted by the board. Whether they were are whether they weren't is a question of corporate procedure, which, based of the nature of the election that finally threw this all back to the Delaware courts, is probably questionable at best. But much of that now is irrelevant. The receiver, being empowered by the court, can accept or reject any of the actions of management. At that point, whatever he says is pretty much legally binding on the entity.

Even if you assume that something management or the board did was unlawful, you probably do not have standing to raise the issue. There were a number of steps that needed to be taken while the company was still running. Certainly no one who is not a shareholder has standing (like t-Mobile or any other company).

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