Many on this board seem to be fine with the explanation that Rosen did not object because equity has the right to intervene, and it is just common practice not to object.
But why only this filing? JPMC and FDIC have objected almost everything in order to delay the procedure even though their counterarguments were ridiculous and embracing at times. So why didn’t he object this time.
Also, most of the board members seem to think that the initial POR will exclude equity, but I believe there is a good chance that is not the case. Read further…
My speculation is that Rosen needed the EC to be allowed to intervene. The situation changed after the 3/12 global understanding when the judge allowed EC to intervene, so he can justify modifying the global understanding. Plus, if I remember it correctly, Rosen said nothing about equity. Rosen did not say equity will not get paid. Excluding equity in the POR will not help Rosen because it won’t win the 2/3 votes from equity class. According to Section 1126, each class must accept the plan in order for the plan to be approved. If the plan provides nothing for class, class is conclusively presumed to have rejected the plan. Based on this, Rosen will accomplish nothing if the POR provides nothing to equity class because it is an automatic rejection from the class; thus, it will not be approved. Instead, I think he will provide POR that gives equity class just enough to win 2/3 votes. (WAHUQ is a debt and a different class from equity by the way) My guess is that the initial POR will put only WAMPQ and WAMKQ in the money to ask approval from equity class. 6 out of 7 EC members own preferreds and many retail holders own preferreds by now. It is unfortunately reasonable to think the hedge fund in EC is already compromised (what makes you think it isn’t if you think WMI BOD and its lawyers have been compromised? When they run business, it can be crushed easily if they don’t obey the larger force. Only retailer EC members are our hope IMHO.) What this initial POR may accomplish is to divide the force within equity class and destroy the effort to fight together for maximum return. It is important to reject such plan as WMI is worth more than what they want us to believe. I hope the financial analysis by EC will be released soon to convince all equity holders to stay united. We should give maximum effort to hold shareholder meeting and change BOD.
Of course, I am not certain if this is the case, but I am very concerned that most board members seems plan their trading strategy based on what Rosen said, but not what he didn’t say. Sometimes what is omitted is more important than what is stated… This is just all guess work, and your input is very much appreciated.