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ScottC

05/08/10 8:01 AM

#1729 RE: rmanton #1728

1) Unlike the American Savings Bank litigation, No money has actually been paid out. I expect the judge will wait until the final award decision to order the FDIC to pay.

Per warrant agreement:

"Trigger" means the occurrence of all of the following events:
(a) receipt by the Bank of the Amount Recovered in full

This hasnt happened yet so I think there isnt a huge sense of urgency on behalf of the other parties in this situation to get this resolved immediately.

2)I believe our interests will be best served if there was is final court decision on the Anchor litigation until after the POR was confirmed...This way it would make it less likely some other creditor group tried to glom the award and more likely JPM would put a new warrant agreement in place since by not doing that the POR confirmation could be delayed