Holdout,
That's incorrect. The courts are actually pretty good at determining what fair value is. Check out these two case laws:
http://www.canlii.org/en/ab/abqb/doc/2008/2008abqb326/2008abqb326.html
http://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc1374/2007bcsc1374.html
Certainly, the courts would not simply multiply WTG share price by 0.4 to derive our fair value.
Cheers,
Uall