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Guido2

12/14/21 11:06 AM

#704189 RE: nats1 #704184

I noticed that Bryndon Fisher hasn't been posting lately. He agreed with you in an old post on the Google board. He said that at the first sign of Treasury preparing to exercise the warrants, their lawyers would amend the filings to include the warrants.
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kthomp19

12/14/21 7:27 PM

#704264 RE: nats1 #704184

We need to check with ANO.



Only if you want wrong answers. Or maybe a calendar with court dates, he's pretty good about that.

I believe no one has challenged the warrants specifically (no cause of action) and there is nothing to toll; once they exercise them it certainly may be something to explore



Washington Federal has included the warrants in its complaint and wants their existence used to help calculate damages.

I wouldn't be so sure about the statute of limitations not tolling yet, though. Judge Sweeney shot down the argument that each NWS payment represented its own takings, instead saying that all takings claims over the NWS accrued on the day it was signed (in August 2012) even though no payments had been made at that point.

It would be very easy for a USCFC judge to say the same thing about the warrants, that the claim accrued when the original SPSPAs were signed. If that happens then the six-year statute of limitations in the USCFC expired long ago.

Think about it, can someone who bought common shares after the conservatorships started really say "yeah, we know Treasury had the warrants but we didn't expect Treasury to exercise them!" with a straight face?! Whoever can is a stone-faced liar.