Hi Kthomp,
UST could potentially make the most money and settle the derivative claims if they agreed to make a large derivative settlement with FNF.
Step one:
Agree to a $ 100 bn settlement of derivate suit. This settles the derivative litigation and capitalizes FNF for risk based capital rules.
Step Two: Keep the SPS in place and require FNF to sell common, convertible preferred, new JPS and possible COCO debt to redeem SPS equal to $ 100 bn
Step Three: As sales proceeds come in and SPS redeemed pay off $ 100 bn settlement
Step Four: Exercise warrants and sell shares
Net effect - 0 cash outlay, Capital levels are reached with the SPS remaining in place until redeemed and UST makes money of its 80% warrant stake.