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08/01/18 8:59 PM

#530160 RE: austin01 #530156

In my posts, I was clear on not knowing for sure one way or the other if shares would have to be issued to marker holders simultaneous with merger closing in order to maintain the 51% ownership by >5% holders. It stated in closing documents, there was to be NO ownership change in closing NSM/WMIH merger.

Now interesting enough, the merger just closed on 7/31/2018 and WMIH has four BUSINESS days to file a Material Development or 8K. If they are issuing shares to marker holders, the fourth business day from 7/31/2018 is Monday, 8/6/2018. Now this is the very day (8/6/2018), WMILT advised they would file an 8K disclosing their purposely delayed QSR filing and the Piers announcement on whether they will pay the 49 million left owed or make no payment.

Also, please understand WMIH is NOT responsible for this 49 million as it can only come from income tax refunds or WMRRC insurance run-off proceeds.


Also, if there will NOT be any shares issued to marker holders related to the merger closing, then this could still happen in the future as a totally separate transaction.

I believe the reason (WMILT) WMI Liquidating Trust delayed their timely (QSR) Quarterly Summary Report is because the Trust has been advised they now own assets from the Estate BUT only time and filings will tell if this accurate or not.


***Now read the following from the court transcript that I labeled the WaMu Holy Grail long ago and notice the "call-out" of the Liquidating Trust***

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The legal group Akin and Gump are discussing the scope of what the Examiner can examine and what he cannot examine. We also have in there the part (b) of what is to be retained, and that is because in negotiations that we had with all of the settling parties, with the equity committee last week, with the FDIC, we did talk a great deal about the concept of the retained assets.

Now, it's my position, Your Honor, that the examiner doesn't need to know much with the retained assets other than say the assets are retained and therefore the liquidating trust can go ahead and pursue them. They will still be there; they can be carried through. But I understand that the equity committee is very interested in having a neutral third party do an investigation of those retained assets.