Holdout, I think the point is that the other offers were cash offers and the dissenters wanted more cash. In our case we have really no idea what a dissenting shareholder would be awarded at the time of dissent. Would it be the value of a WTG share at the time of the offer, at the time of the post merger or some other value.

I think the court would have to assess the fair market value of a CMM share based on its assets at the time of the takeover because WTG's share price is a bit of a mirage at the present time. If WTG were making a cash offer that most accept, then I'd agree it would be difficult to convince a court that you deserve more.