Do not the provisions of Sec 382 put a ceiling on the number of shares some of these series B holders can try to get?
Maybe wmih has not done a deal because wmih is balking at the extra shares if conversion is at 1.75. Why not do one small acquisition first to get share price up beyond the 2.25 and a bigger one a month later to minimize dilution? If there is any shortfall in cash to payoff Series B holders, doesn't wmih really only have to negotiate with say the Texas teachers to delay payment while paying off all the others and get financing elsewhere if the Series b are unreasonable? Or to avoid such massive dilution sell shares in the open market to raise the shortfall?
Cannot wmih buy the assets of any company without a merger, thereby avoiding shareholder approval even if the Series B are against it?
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