yes he can, but he should do it way before he puts out another 8k with 3rd q results (obviously showing A < L in that scenario. which would indicate a default on the 400 million dollar trust preferred securities). but if this is playing out how we expect it to. no bk because if bk were to occur it would erode Wilmington trusts books whom we consider is Mr.Big (i.e. the one buying up the shares on the open market, hence the rock solid bid support)
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