RE: vinson24 May 2021 09:49
I think the FCA's argument on share dilution just looks more and more ridiculous as the days passed.
Not only was it not 30p on the day or the court, but it's also now half the price.
It's been well documented, but the judge didn't like the binary choice of SOA or insolvency. Reflecting back on that point, it seems more like a technicality that hopefully won't have an impact.
Is there really a material difference between going into insolvency on the day of being declined an SOA or 3 months down the line? I'd say obviously not...
The FCA representative argued that they wouldn't go into insolvency straight away because they have millions in the bank, but that money belongs to the secured lenders.
On reflection, the FCA made a lot of noise, but most of it was complete nonsense. Quite staggering that a regulator body would come out with such rubbish.
Arguably even more shocking (or perhaps more frustrating) is that the Amigo lawyer didn't counter any of these points! Seriously, what the hell! Shocking performance from both Amigo and their lawyer. Awful.
The equity for debt swap is a curveball that I'm not as sure about. Seems so radical, but in theory, allows Amigo to carry on and creditors to get back (in theory) a larger chunk of their compensation? Could the judge turn around and say that the SOA wasn't lawful because it didn't include that option?