Weil would have known the UST would come on board once the expanded discovery was requested. This Motion to Dismiss EC is formality and does stink to high heaven and is not indicative of the past work of this team. Cram down of debt and preferreds so TPG takes control of the company with their common shares seems like the logical progression. Business torts payoff in the end to commons. TPG is probably in conflict and cannot be on EC. Seems like at least a few on the EC are very pro commons. IMO
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