du schreibst:
"Könntest Du bitte den hier anwensenden Mitlesern kurz darstellen, inwiefern sich die Lage nicht verschlechtert hat und inwiefern mit der "Zulassung der Prüfung" ein Schitt nach vorn gemacht wurde ? "
Vielleicht kann das folgende Post etwas Diskussionsanreiz schaffen:
"Yahoo: patience360_han
Interest Rate and Valuation 9-Feb-11 08:42 pm In granting EC motion to investigate the settlement note holders for potential inside trading, the court specifically mentioned interest issues and valuation (of WMRRC by note holders).
As I said, “… the court followed the shareholder’s leads (Nate Thoma), and EC followed the court’s leads. Since both the court and EC are in agreement on the seriousness of insider trading allegations, it will be hard for the court not to grant EC request for investigations. The impact of the issue is far beyond the interest rate (FJR vs. contract rate). As we all know, EC exhibited in its Closing Argument that the creditors (four hedge funds) dictated the terms of GSA for the debtors. If allegations of insider trading are proved, plus the court acknowledged creditors/debtors’ scheme of (intentional) undervaluation of WMRRC, as well as stripping off retail shareholders their rights in the reorganized company, we have a perfect case of creditors/debtors acting in “bad faith” and committing “willful misconducts” in framing the contents and distribution structure of GSA. Contrary to the court’s rejection of EC position, we therefore have another chance to further prove that “The debtors failed to consider the interests of all stakeholders” as EC argued in the Closing Argument. ” (EC’s One, Two Punch).
So, you see the connections here. The court clearly understands these connections too. Her willingness to explore not only the interest issues but also the valuation (of WMRRC) at the same time is revealing. If the allegation of insider trading is proved, even though the court denied EC’s “bad faith” charge in her Opinions, the new findings can blow the “bad faith” issue wide open again, and strike a big hole in GSA.
How much does the EC know about settlement note holders’ involvement in GSA negotiations? Quite a lot already, I think. According to the Exhibits in EC Closing Arguments, the note holders have been intimately involved since at least February 2009, and even delivered GSA term sheet to JPMC around the time of 2nd tax refund. (EC Closing Argument, p. 5-13) How much does the EC know about settlement note holders’ trading records? I don’t know. This is exactly what the discovery is all about: finding, collecting, analyzing the facts, and making the connections intelligently and on sound legal grounds. I trust the EC legal counsel in doing the best and the most professional job that truly great litigators can do.
P.S. EC Motions (both original and support) to examine the settlement note holders are the best materials to read to understand the issue, so are Nate Thoma’s legal filings. The note holders try to counter charge and intimidate Mr. Thoma. They seriously underestimated the resolve, diligence, and intelligence of the ordinary shareholders.
messages.finance.yahoo.com/Stocks…61&tof=26&frt=2"
Beste Grüße
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(Quelle: Aktienbase)