Very good comments and thought process. I also agree a judge would treat everyone the same assuming it gets that far. It is quite possible the judge could make this a class action and everyone would be opted in rather than having just the opt ins pay for the benefit of everyone. I'm no lawyer but this seems like a plausible course of action. For this to happen we would need as many opt ins as possible.

Given that scenario, not opting in may save 9% if the committee and gowlin is successful but it also may reduce the ability of Gowlin to succeed. In that case you save 9% and lose everything anyways. My position has always been we have everything to lose by not opting in. Those who don't are trying to get a free ride or want Gowlin to fail.

The other possibility is that the agreement is v ery clear that Gowling represents the committee and the committee represents itself and the opt ins. The committee can't get more that the opt ins. It is also clear that those who chose not to opt in have no representation in this fight. Given that scenario it would make sense to me that if I was tenor and I stood to lose hundreds of millions I mighty offer the committee and opt ins a deal to stop litagation. That deal may see the committee and opt ins getting a finacial settlement that those who didn't opt in have no rights to. That is how I see the committee and opt ins possibly getting more than those who don't opt in.

This wouldn't stop non opt ins from starting their own legal action but I doubt they would be able to do so for the same 9% so in the end it will cost them more. 

I have no interest in debating which way is correct. Myself and most others here have opted in thus we are in the game. Those who haven't I wish them the best of luck. If I was offered $2.00 US a share to walk away I certainly wouldn't shed a tear for those who didn't opt in and fight. They chose their path.

Before anyone jumps on my $2.00 figure it is only for example purposes. I have no idea what it would take. I do know that the opt ins may not be more than 25 to 30 percent. For my example lets say 20% to be safe. If Tenor thought they could lose say $500,000 million in court why wouldn't they offer $2.00 a share to 80 million shareholders. They give up $160 million and retain $340 million.

I guess time will tell us if I'm crazy or crazy like a fox. Sorry I love that line.

JJ