"This billionaire" owned 77.7% of the TMPS Common Stock in the name of his company, Santiago. The other shareholders were specifically barred in the charter from even calling a special meeting. So as the controlling stockholder, the right for the billionaire to create a Note that drained TMPS of its assets is highly suspect, in my opinion. No, the stockholders were NOT in a position to raise capital because they lacked authority, being blocked by the billionaire noteholder. Perhaps the billionaire thus prevented repayment of his own Note.
A complaint to the SEC seems to be in progress about this. But I will remain interested to see if Mr. Claasen somehow gets paid for his shares when others do not. He can't be paid for the tanker jets anymore because he traded them for common stock and doesn't own them. So if he was paid, I think all he had to be compensated for was stock-- not the planes that were already sold.
I will admit, though, that much of my information comes from this Board, though some from EDGAR filings. I am not intending to accuse anyone of wrongdoing. Someone else can interpret the facts to that purpose if they would wish to. We as retail stockholders have not been given the whole story by a longshot, in my opinion.