There is always a risk we could lose in an IT trial against the SNHs. Yes, we've got a great case - but it IS possible we could lose. A settlement ensures recovery; going to trial does not. Kind of "a bird in the hand" type thing.
I, for one, would like a "bird in the hand", especially if it starts with preferreds getting upwards of 10-20%, and equity in the new company for Prefs and Commons.
And a litigation fund to go balls-out against JPM for more dough.
GLTA
Jack