lt cap,
Only an uninformed opinion: I don't see why: NOK can give the
holdouts the same price of buy-out that they gave you and me. The
only thing I can think of that might be a problem is that the .55
shares of NOK that is part of that deal is of demonstrably less
valueable then, than it is now, at least in monetary terms. The
court seems to be obviously saying that NOK can cram a deal down
their throats to get the shares, but at what value is left open,
apparently. I don't think initially NOK would offer anything
different, arguing they shoulda taken the money and shares and run.
As of now, they'd have the same deal we did, without the
hindsight.
So, either those shareholders eat it and sulk, or the legal
wolves come dout with a crass-action (no spelling mistake) suit.
And I'd think that might lead to some settlement which neither side
likes, which is a sign of it being fair. If that scenario were to
be true, I don't know if it would be a material hit to NOK. But the
mere fact of a suit wouldn't make the market like it, to begin
with.
If I were Nok, and I was a lawyer for them (both of which,
obviously, I am not), I'd argue: Look - you knew the terms and its
fixed value. You could've sold your shares on the open market from
(IIRC, not sure) Dec. 18th to Jan. 5th (or whatever.) When you did
not tender the shares, you had another open window in mid January.
It was your choice to refuse the offer and sell the shares for
about what was in the offering. You chose not to do so. Therefore,
you bound yourself to the fate of the stock at that point. Tough
luck. If I were opposition counsel I might say: Yes, but the silly
putty forced capital gain or loss by that crazy sell your shares,
and then buy NOK back was a an unncessary 'forced march' for
shareholders, which had negative impact to many of the
shareholders.
And if I legally represented NOK, I'd reply: Yes, that was an
idiot's move on our part. But it was an equal-abuse issue - it
applied to all shareholders, and it was legally correct. Your
alternative was to sell your shares on the open market, which would
materially have been the same as if you tendered them to NOK,
and resulted in a capital gain or loss anyway. Now, here's a
cookie. Be a nice fellow.
Unfortunately, we know that lawyers will do that class action
stuff at the drop of a hat, bank the money in lawyer's fees, and
the class members don't get much.