that's how i read it too merkhet. i didnt realize that. so if junior pref exchanges for common, for example, the number of govt warrants increases. i agree that govt warrants and common are not parri passu. i have never seen this for a public company.
this also makes it impossible to issue more common stock, imo. who wants to pay up for a share of common stock knowing that he is also funding a free .8 share warrant for govt? so if there is to be a recap, this provision has to change, because there is no recap. taking it one step further, no junior pref holder would exchange for common for the same reason, which govt may want to do, so this provision (if used by treasury) makes any kind of workout that restores equity value unworkable.
This is amazing, the government actually issued magic warrants. No wonder they did 79.9%, they basically get the benefit of owning the entire business without placing any of its debt on the government balance sheet. It also makes the existing common equity worthless because no capital would ever make its way back to common equity holders except for the ones that own those warrants. I don't have a view on the preferred yet but I can't imagine why anyone would speculate on purchasing the equity with those kinds of warrant rights. It also makes me wonder, with a deal like that why would the government want to make any changes? It's basically 100% ownership even without the NWS. It seems like a bet on Mnuchin not screwing over his buddies and if we're talking about the NWS being un-American, that sounds pretty un-American too.