I've been a big arbitration proponent, but I think Fung is not stupid. He needed to get the noteholder issue behind him 1st. Now we have a couple of months grace to find a solution. I think if at the end of Q1 we have no resolution then he will file for arbitration. I think there are enough people out there who believe that arbitration is the best path that once we did so we would have financing. The sale of equipment would more than buy us enough time to secure it.
I think Fung also knows that arbitration is a long process and I am sure he wants to move on. While arbitration might yield for example only $5 a share, I think he sees a deal at say for example $2 a share quickly as better for him and the BOD (I doubt he cares much about shareholders)....these numbers are just for example only and not my estimated values.
I don't think Fung's noteholder case was as strong if we filed arbitration. I am still curious about the confidential information the judge used in his decision. In any case Fung will do what is best for the BOD and himself. Again I don't think he gives a rats rear end about retail shareholders but at this point what is good for the BOD and major shareholders is also likely good for us as long as it is not bankruptcy.