if what is found "wrong" is the THIRD AMENDMENT then I see no reason for money to go to F and F and then out to preferred holders as cumulative arrears dividends
NOW if the entire shooting match is found illegal - wow - then all bets are off .......... but then we all be rich
Again if the interest rate of ALL is found insane and unjust - I do not see why F and F that need capital would take the money coming to them and declare a dividend
If all preferred are to be at same time - then you are arguing beyond what the plaintiff is arguing - which is back to the first 10% dividend and that simply is not in this case