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argc

12/06/10 12:29 PM

#260718 RE: argc #260717

Addtion to that
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capital and ownership structure, with WMI becoming a new partial owner of WMB fsb.There was no plan or effort at WMI to achieve such a result.33. WMI Liquidity Management Policies And Procedures Are InconsistentWith Any Notion That The $3.674 Billion Deposit Is A Capital Contribution. Anotherclear indication that the $3.674 billion deposit was never a capital contribution, and wasnever considered or intended to be a capital contribution, is the "WMI LiquidityManagement Standard" (the "Liquidity Standard"). The stated objective of the LiquidityStandard is to "prudently manage [WMI's] ability to meet its financial obligations." Acopy of the Liquidity Standard is attached hereto as Exhibit K. The Liquidity Standardstates that cash must be maintained at a minimum daily balance of $150 million with an"early warning" limit of $250 million. The Liquidity Standard further states that "n theevent that the WMI cash balance is expected to or falls below $150 million, the Treasurerwill be notified immediately. The Treasurer may approve being below the targetminimum for up to ten days of the month. In the event that the target minimum is notmet for over ten days MRC [Market Risk Committee] chair will be notified and a reportof the daily cash balances will be taken to the next MRC with an explanation for anyapproved variation and an action plan."34. The Liquidity Standard also states that net short term position (liquidassets / short term liabilities) must be maintained at 100% or greater with a "warningtrigger" if the ratio falls below 110%. The Liquidity Standard further states that "[a]nyexpected or actual exceptions to the positive net short term position forecasted within a90 day period will be reported to the Treasurer and MRC chair immediately and to the13A-13
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When arguing if the deposit is part of the captial contribution..
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sf

12/06/10 12:36 PM

#260724 RE: argc #260717

what i understood was that wmb and the fsb were both wholly owned subs of wmi. because no public stock was ever offered of the two and was totally privately owned by wmi. thats where all the questioning is coming from because they had no right to seize either the bank or fsb. only ots could make that call and fdic circumvented this process and just raided the whole bank,fsb,and holding company for assets to prop them up while the bk was taking place. and OMG! what hippie maude, welcome back kotter music is this? think they need an update on the muzak reel. jmo sf