bkbruce - I don't think it would be legal to reward common shareholders differently. If the opt-in committee took "hush money" I think they would open themselves to all sorts of problems. I don't understand what you mean by this: "If the tender offer isn't changed, then it would seem that non-opt-ins have nothing coming to them." By "tender offer" as you referring to the waterfall provision? My understanding is that, if (and it is a big big if) VZ pays the award all shareholders will receive something.

It would be great to know what the waterfall provision is. I can't even remember why the judge agreed to redact it and why that should still be relevant. Everything went murky when Tenor became Fung's paymaster, I know I lost interest in this until the award was announced.