RE:Re: WOWRegulatory filings have always stated that payment by 12/31/13 was the criteria for distribution to preferred (can you find any evidence to the contrary?). The preferred was issued in 2008. The next annual report stated:
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The holders of the Series 1 Shares shall be entitled, in priority to and to the exclusion of any other class of shares or series
of shares of the Company, and the Company shall pay thereon, as and when declared by the board of directors of the
Company, out of the monies of the Company properly applicable to the payment of dividends, a portion of the proceeds of
any final judgment of a court or arbitrator or of a settlement (such settlement to be determined by the board of directors of
the Company in its sole discretion), that are paid to and received by the Company in connection with its claim against
Thomas Weisel Partners Canada Inc. (Note 18) and any others who may be found to be liable in respect of the Company's
incomplete bought deal financing of July 2008 pursuant to an engagement letter with Weisel dated July 14, 2008 prior to
December 31, 2013, subject to deduction of any taxes or similar amounts paid or payable or required to be withheld on
such payments and deduction of all expenses of or for the account of the Company that the board of directors determines
are related to recovering such proceeds. Any such proceeds, when paid, shall be paid ratably on all Series 1 Shares then
outstanding. The holders of the Series 1 Shares shall not be entitled to any other dividend or distribution.
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You should also note that Stifel (public company successor to Weisel) says that expects its appeal to be successful and pay nothing.