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Large Green
Member Level
Re: BBANBOB post# 696373
Tuesday, October 04, 2022 2:01:52 PM
Post# of 696414
BBANBOB, you ask, the TOOTH-FAIRY shall deliver-RESTRICTED ASSETS IN FILING
The Following Proves Legally Hidden Monies/Assets- BK Closure 12/21/2019 Then Cases Terminated 1/23/2020 As One Bucket of Potential Returns
1) I see distributions from (DSTs) Delaware Statutory Trusts where Kosturos is the God-like Trustee (see below) routed through DTC/Clearstream then to your Broker as one of the buckets
As set forth in the Confirmation Order, the members of the Trust Advisory Board hereby designate William C. Kosturos in connection with the applicable provisions of the Delaware Statutory Trust Act, 12 Del. C. § 3801 et seq.
Notice the highlighted pieces below in the confidential filing
Do not forget about the 10-year runoff mode of WMMRC ended 3/2019
https://www.sec.gov/Archives/edgar/data/933136/...9/d539539dex105.htm
CONFIDENTIAL ANNEX C-I
Form of Solvency Certificate
Reference is made to Credit Agreement, dated as of [•] (the “Credit Agreement”), among [•] (the “Borrower”), the lending institutions from time to time parties thereto (the “Lenders”), and [•], as Administrative Agent.
Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement. This certificate is furnished pursuant to Section [•] of the Credit Agreement.
Solely in my capacity as a financial executive officer of WMIH and not individually (and without personal liability), I hereby certify, that as of the date hereof, after giving effect to the consummation of the transactions in connection with the Bridge Facility:
1. The sum of the liabilities (including contingent liabilities) of WMIH and its restricted subsidiaries, on a consolidated basis, does not exceed the present fair saleable value of the present assets of WMIH and its restricted subsidiaries, on a consolidated basis.
2. The fair value of the property of WMIH and its restricted subsidiaries, on a consolidated basis, is greater than the total amount of liabilities (including contingent liabilities) of WMIH and its restricted subsidiaries, on a consolidated basis.
3. The capital of WMIH and its restricted subsidiaries, on a consolidated basis, is not unreasonably small in relation to their business as contemplated on the date hereof.
4. WMIH and its restricted subsidiaries, on a consolidated basis, have not incurred and do not intend to incur, or believe that they will incur, debts including current obligations beyond their ability to pay such debts as they become due (whether at maturity or otherwise).
For purposes of this Certificate, the amount of any contingent liability has been computed as the amount that, in light of all of the facts and circumstances existing as of the date hereof, represents the amount that would reasonably be expected to become an actual or matured liability.
IN WITNESS WHEREOF, I have executed this Certificate as of the date first written above.
***The Infamous Footnote Number 39***
In light of Footnote 39:
"FINAL REPORT OF THE EXAMINER
JOSHUA R. HOCHBERG
Court Appointed Examiner
Footnote 39
Equity undertook a preliminary solvency analysis based on the limited information made available by the Debtors. Equity noted that a final analysis of solvency would require a detailed review of WMB?s loan portfolio, which is not available to Equity and was also not reviewed by the Debtors. The Examiner in this Report has an analysis of solvency, but he also did not conduct a review of the loan portfolio."
MORE THAN LIKELY, THE LOAN PORTFOLIO ASSETS ARE BK REMOTE, SAFE HARBOR PRIOTECTED
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