"The more opt ins, the more the court can see this is not just a few people who think Fung and Tenor screwed shareholders and broke the law."

Yes the court can sometimes be sympathetic but do you think a court has any sympathy for investors who took a chance on a communist country with a crazy dictator for president, ran a company into bankruptcy, defaulted on debts, never uttered a word of complaint when their white knight showed up and only now are showing their greedy eyes once again using ambulance chasing tactics? Courts invariably hold shareholders culpable for companies that go bankrupt and have zero sympathy.

"Since the committee has been formed and Gowlin has become involved Tenor and Fung have not lowered our percentage of the award."

It would be more accurate to say that since I decided NOT to opt in Tenor and Fung have not lowered our percentage of the award - in fact they have been very generous towards me by extending the terms without cost.

Cause and effect.