Los 10 motivos por los que aun esta TODO por decidirse
1) EC/Venable is in excellent vantage point after 3/12 Friday, IMHO. Now, they just need to show their might in the fight.
2) The court agenda for Friday 3/12 was primarily to decide on the $4 Billion and wmi got it. That's all the judge cares and that's the bottom line for EC/Venable. The “settlement offer” is just a side show gimmick by JPM/FDIC and Judge/EC/Venable fully understand that tactic.
3) JPM/FDIC agreed that 30-40% of NOL belong to wmi. Good starting point to demand up to 100% of the NOLs when the “real settlement” negotiations occurs that involve EC/Venable also.
4) JPM/FDIC and creditors are acting like there is no EC and EC/Venable was excluded form the “settlement talks”. Anyone really think that Judge will be okay with such a lame tactic ?
5) UST/Judge constituted the EC in spite of objections from JPM/FDIC/creditors, because UST/Judge realize the importance equity holders in the overall resolution. Judge/UST will not ignore the public opinion and the voice of wamu’ers in this fight.
6) UST/Judge and EC/Venable know that any settlement without involving EC is never a viable settlement. Friday’s “settlement offer” by JPM/FDIC was merely a ploy and PR move, to circumvent the judge from making an obvious summary Judgementt on the $4 Billion. Anyway, who cares about a offer as long as
7) EC/Venable can now start their fight and PR campaign. They should announce that current wmi BOD is not acting in the best interest of the share holders and hence force a annual share holders meeting. EC/Venable has already thinking in this angle.
8) EC/Venable should announce their intend to continue the legal battle.
Peter J. Solomon will come up with the assessment that wamu was worth so much more and wmi should be compensated accordingly.
9) Next MOR will reflect additional Billions of Dollars. There is no shortage of cash for wmi to continue the legal fight as long as necessary.
10) Judge could extend the exclusivity period in order to obtain a feasible POR that includes input from EC/Venable also. In any case, I don’t think Judge will approve any POR without involving EC.