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Old 12-16-2023, 06:46 AM
  #511  
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Originally Posted by Andy
I bought back in this AM. Lighter position than I previously held.
What do you attribute the spike into the close? That was nice.
haven't looked at the volume of purchases but likely people wanting to hold through the weekend in case of an announcement pre market Monday would be my guess.
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Old 12-16-2023, 08:17 AM
  #512  
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Originally Posted by CincoDeMayo
Seems to be the overwhelming belief, it gets approved with additional requirements/divestments

I think that’s the apprehension from some, not if the judge will “approve” the merger but will the merger close.

Still some road blocks that can pop up after Judge Young approves it. I would not put it past this DOJ to appeal, which would toss it to the appellate court in Massachusetts, and who knows how that turns out. Mayor Pete and Pocahontas, repricing (doubt that) or any other possible issues.
I believe the DOJ can only appeal it if they believe the law was misapplied, not simply because they don't like the ruling. But that may not stop them from actually filing an appeal.
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Old 12-16-2023, 08:41 AM
  #513  
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Originally Posted by Bluedriver
I believe the DOJ can only appeal it if they believe the law was misapplied, not simply because they don't like the ruling. But that may not stop them from actually filing an appeal.
but unless I’m mistaken, I believe even if they appeal we can still proceed with the commercial closing

then it’s on the appeals court to tell us otherwise.
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Old 12-16-2023, 08:49 AM
  #514  
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Originally Posted by Bluedriver
I believe the DOJ can only appeal it if they believe the law was misapplied, not simply because they don't like the ruling. But that may not stop them from actually filing an appeal.
Technically that's ANY appeal, there has to be a law based reason for the case to go to an appellate court. In criminal cases there are such a wide variety of boilerplate appeals to choose from it is essentially as if you can appeal simply because you don't like the ruling, but I would expect in a civil matter the government would need to meet a higher standard than just throwing appeals at the wall to see if one sticks... but with this administration who knows.
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Old 12-16-2023, 09:27 AM
  #515  
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Originally Posted by RemoveB4flght
Technically that's ANY appeal, there has to be a law based reason for the case to go to an appellate court. In criminal cases there are such a wide variety of boilerplate appeals to choose from it is essentially as if you can appeal simply because you don't like the ruling, but I would expect in a civil matter the government would need to meet a higher standard than just throwing appeals at the wall to see if one sticks... but with this administration who knows.
So if the judge approves but the DOJ arbitrarily appeals does it stop the closing? Can Spirit pull out of the deal?
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Old 12-16-2023, 09:52 AM
  #516  
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Originally Posted by putzin
So if the judge approves but the DOJ arbitrarily appeals does it stop the closing? Can Spirit pull out of the deal?
Why in the world would Spirit shareholders want out of this deal?!?!?
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Old 12-16-2023, 09:54 AM
  #517  
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Originally Posted by Halon1211
but unless I’m mistaken, I believe even if they appeal we can still proceed with the commercial closing

then it’s on the appeals court to tell us otherwise.
First useful Halon post. I believe you are correct. Can move forward with closing unless DOJ gets an injunction from an appellate court.
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Old 12-16-2023, 10:13 AM
  #518  
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Originally Posted by putzin
So if the judge approves but the DOJ arbitrarily appeals does it stop the closing? Can Spirit pull out of the deal?
Not necessarily, they would have to seek an injunction pending appeal.
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Old 12-16-2023, 10:38 AM
  #519  
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Originally Posted by Bluedriver
First useful Halon post. I believe you are correct. Can move forward with closing unless DOJ gets an injunction from an appellate court.
hey now, I have useful post everyone once in a while.
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Old 12-16-2023, 11:15 AM
  #520  
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Forgive my lack of legal acumen, is there any chance that the judge could just dismiss the injunction all together??
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