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FOFreddie

10/31/23 11:55 AM

#772891 RE: clarencebeaks21 #772887

Thanks for all the work and analysis clarencebeaks21. Seems really tough doesn't it with the DC Circuit Opinion and denial of Cert by SCOTUS? Thanks for separating the takings and illegal extraction analysis also. Makes sense and it seems like the timing of the Tyler decision is our best hope to overcome the precedent set in the DC Circuit?

LuLeVan

10/31/23 12:01 PM

#772893 RE: clarencebeaks21 #772887

Thanks Clarance, your post provides a lot of insight.

kthomp19

10/31/23 11:22 PM

#772979 RE: clarencebeaks21 #772887

I am going to answer the 3 questions in 3 separate posts as best as I can get to them.



Thank you for these answers. You are explaining things far better than I could.



One thing I would add to your answer for #1 is that a senior-to-common cramdown would have nothing to do with the conservator's "preserve and conserve" mandate because that mandate only pertains to assets, while the cramdown would not affect FnF's assets at all (only their equity).