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Bluzie2

04/07/11 11:46 AM

#3438 RE: loginusername #3436

We have a cause of action against the Wamu board for its actions (or lack thereof) post-seizure. That is separate, but related to the value of the LTWs themselves. If we are equity and get $0, we _might_ still have some recovery from the directors, but I'm not sure how the damages would be computed for that because if we'd be entitled to $0 anyway, we wouldn't necessarily be harmed...

I'm sure Wamu will argue that.

But we'll see - I'm not a securities attorney or a bankruptcy attorney, so I'm certainly not an expert here.
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Investor1979

04/07/11 12:54 PM

#3439 RE: loginusername #3436

I would sue JPM and simply contend that they could never be an assignee ,to any more rights to the Anchor litigation proceeds , than Wamu had, when it was transferred to JPM. The only interest that they have currently, is that of a successor/assignee , to Wamu's managerial rights of the litigation, as granted under the WARRANT AGREEMENT. I believe that we DIMEQ holders have plenty of legal cause to sue JPM ( even to void any managerial fee of 15% , due under the Warrant Agree., because of JPM and Wamu's breach of their ( fiduciary ? )duty to us DIMEQ holders.).