As Plaintiffs’ brief notes (at 28-29), Treasury could have exercised the common-stock warrants it had pur-chased in 2008 in the initial transaction, obtaining 80% of the common equity of the Companies for a nom-inal price.
Actually Gov't can't own the shares.
And had they done this it would immediately tripped the takings clause as they'd not paid fair value to the shareholder they took 80% value from.