Originally, the vested equity interest for those employees were stock option on WMI commons. So if the option price is $40, those options are worthless unless common stock is above $40 a share. I'm just assuming the same will be true if they are granted their vested equity interest by the court. Their vested options would be pretty much worthless unless the common escrow markers pay off is above their option strike price.. Since, 100,000 of the 250,000 shares have a strike price above $40... well you can make the speculation :)
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