I am still confident of a postive outcome for CHM. What it is worth is the other question. Lets look at the facts. The Litigation Funder (ILP) is unhappy being paid (pending the appeal but I assume he will get paid the break fee.) a $9m break fee. Why is he unhappy? Becasue if CHM is successful ILP would have been due 40% of the final settlement fee. Now we all know that MMX approached the Litigation Funder to settle this case. If you were MMX what would you offer? I know I would offer a figure that makes the Litigation Funder indifferent to either the Break Fee or the 40% slice of the pie. In this case, $9m = 40% of $22.5m. So, if CHM is successful then I think $22.5m is the best case scenario for MMX / worst case for CHM (not enough as CHM have already knocked it back). Weighted number of shares used for diluted EPS = 1.6bn. $22.5m cash = 1.4 cents. The Judge would have been provided calculations relating to each parties (CHM and MMX) claim and the dollar amount of that claim. The judgement will not mention quantum or a dollar amount to settle this case BUT don't be mistaken, dollar amounts would have been presented to the Judge. The minimum amount that CHM is claiming is $134m or 8.4 cents per CHM share on a fully diluted basis. Lets see what Wednesday brings.
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