No releases if Q is not included. This is supported by the NOL's ($5.8B) the cash at JPM ($4B) missing assets + damages put P's 100% ($3.4B) and the remaining to Q.
Why would SG not file a motion objecting to Rosen's POR V6? I can only predict it is because of ongoing discussion to resolve the issues. I do think if nothing is resolved, SG will do what is necessary to follow through in civil court using the $25 M fund.
However, SG should get the $25M if they negotiate a deal putting Q / P in control of the Newco. Q would be $4-6 by my math, and everyone would be happy except of course the bondholders who traded on inside information- which get nothing in exchange for jail time...
Remember this, because its factual, and most likely going to be used:
NOL + Cash + Missing Assets + Punitive Damages Value / Release - P = Q valuation
It doesn't make any sense to refute it, I am not disagreeing with anyone who supports less or even nothing. There is no information other than "equity will get $160M and a stake in Newco" which was printed two weeks ago. For those who continue to say we are being sold out definitively makes absolutely no sense. It also is far more likely common get some form of payout considering the complexity of TPS and the insider trading charges.
We do know the $4B belongs to WMI, the NOL's belong to WMI, and some of the SNH's participated in insider trading which 'hurt' Washington Mutual shareholders significantly which triggers damages and or releases.
Believe me, I have been on the fence from day one. I hate lawyers lawsuits and delays. I was pessimistic about this case because of the sheer power of the US Government, and its collusive relationship with JPM. The two are practically family, with Jamie Dimon and Henry Paulson college friends, colleagues of the two most powerful IBanks in the world, JPM and GS.
But, but, but, we have insider trading allegations. The day and age of prosecuting the 'bad guy' is in. If our allegations are worthy of SNH already offering something, it only makes sense Q is paid out.