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Hvp123

08/31/22 2:49 PM

#730590 RE: Guido2 #730549

Thanks Guido. If Lamberth allows those docs for jury’s eyes it will be game changer. Next 6 weeks will be very interesting to see how things move. First case for us to reach trial & that also jury trial.
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kthomp19

09/01/22 6:08 PM

#730722 RE: Guido2 #730549

First on Imbelish's list: Exhibit PX-0092 = Action Memorandum for Secretary Geithner



Interesting find, thanks for posting it. There's a quote in there I've been seeking for a while. It's at the bottom of page 5:

there is a general prohibition on waiving vested contract rights to receive funds owed to the government



This is almost certainly the reason that Treasury insisted on the increasing liquidation preference on the seniors for allowing FnF to retain earnings. More importantly, it reinforces my opinion that Treasury will never just write off the seniors for nothing in return. They legally cannot do so. The seniors are absolutely "vested contract rights to receive funds owed to the government".