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The Man With No Name

09/01/23 10:08 PM

#766311 RE: Louie_Louie #766300

If NWS is a dividend, why are suits challenging it as a taking?


How many succeeded? None.

If it's an illegal dividend, than challenge it as the net worth sweep dividend. Words matter to courts. They know it's not a dividend, hence all the justices referencing nationalization, why?



One judge during oral argument. To my knowledge there is no reference in any ruling therefore it holds no value what-so-ever.

Donotunderstand

09/02/23 3:21 PM

#766350 RE: Louie_Louie #766300

For each Dividend Period from January 1, 2018, the “Dividend Amount”
for a Dividend Period means the amount, if any, by which the Net Worth Amount at the end of the immediately preceding fiscal
quarter exceeds zero.


If you have an argument - it is not with me

the words are clear

it is a dividend

and instead of the usual 5% or 10% or 15%

it says the dividend amount (think $ amount) for each period (think quarterly) is the amount ---- by which - Net worth (dollar) Amount at the end of the prior period was > 0 ---- i.e. every positive dollar earned

Is it interest ? No
Is it principal ? No

Is it swept - yup but so was the 10% swept -- that is the motion of going from F and F to Treasury
sorry - I am out of potential words and the courts understand this to be the dividend on Senior preferred stock as defined by the law

Donotunderstand

09/02/23 3:26 PM

#766352 RE: Louie_Louie #766300

the challenge is as a taking because the NW sweep is 100%

if the 10% had gone to 15% or 25% --- then the argument for a taking would be far far more difficult

but since the GOV was removing 100% of profit from F and F - all money made --- they were taking the companies as the companies were not longer able to keep any money

a taking is -- just that - a taking of property - ownership ----=

while not perfect - arguing ALL profit is the company - is what our lawyers are arguing --- that anyone or any gov agency that takes every penny a company earns is TAKING OVER THE FUTURE OF THE COMPANY -- a Taking

again - think 10% or 20% or 30% --- where F and F kept 90% or 80% or 70% ---- it would be much harder to argue a taking