One curious interpretation of a sophisticated investor is if your account was >$500k in the black. Could this be used to dissalow damages?
Then again, if these people are disadvantaged in some way then they may not vote in favour of the deal.
That is why I did my random, inaccurate analysis of what would happen if there were indeed two separate pools, one being 16th Oct or Default Notice, and the other being damages based on March 27th.
The answer seems to be that clients in the damages pool would end up 5-7c worse off than if a blanket 40c were applied across the board.
PS: I know people are saying 37c, 36c,etc. These are just round numbers.
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