Exactly... It's a possibility that part of the deal was the billions of shares held by AJW were leveraged to vote for approval of the acquisition in exchange for their 'fair value' upon release those contracts via the dissent process. Result: debt paid, share structure rectified, and some cash remaining to go forward and put the net-operating-losses into a functional company which could acquire new assets.
I'm sure AJW only agreed because they are against the wall with the liquidation and could not otherwise dump their shares because CYSG was allowed to be delisted and would never trade again until the debt was released in a manner favorable to Cape.
There is no entity going forward they are getting cash for the sale of everything. If you do not dissent you are trusting Nicholas Toms to use that money(again) to return a better investment.
If fair value(or your share of it) does not represent the whole assets or cash after the sale then it is not fair value and will be open to legal challenge.
Personally if they give "true" fair value then i do not see a better option than taking the money. However i suspect they will not give fair value and will use some method to prevent this happening.
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