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3. THJMW countered on Stoll in terms of the meaning of "deemed" she was on this for awhile, because the contract says deemed to have exchanged. However, Stoll came back at her with a good argument on the meanig of issuance. Is she to let the debtors and JPM hide behind the BK court and let them out of a "contractual" agreement to exchange shares for shares. THJMW stayed on her topic and that is you are contractually deemed to have exchanged by the terms of the contract. He countered her with only if they followed their side of the contract and issued new preferred shares to TPS, which they clearly never did and still have not to this day done. He likened it to ,,, You take my shares and never give many any value in return. she seemed to have gotten this, because the only thing she said for the next 10 minutes was (your over your alloted time).
4. Stoll has a good argument.. If you want something from me, then you must return value to me to get the something you wnat. Contract law can force me to give up my something, but you must also abide by the terms of the contract as your obligation. If you do not, then the contract is deemed to be "null and void."
That folks was a very good exchange...
It hinges on what THJMW decides "deemed" means and "shall" means and if WMI performed their side of the obligation. If TPS loses here, it will set up a new area of contract law, under the word "deemed".
~Don~
MfG.L:)
"Ein jeder gibt den Wert sich selbst"
"Der Schein regiert die Welt, und die Gerechtigkeit ist nur auf der Bühne".(Parasit)
Und es herrscht der Erde Gott, das Geld.(An die Freude)