$人人(RENN)$ 看看法官与reid(应该减去原告的律师)关于记录日的决定的对话 THE COURT: And what's the record date for determining who the minority shareholders were? MR. REID: I'm glad that your Honor asked. In footnote four of our reply brief, we cite to some FINRA rules and must be a PROCEEDINGS what they say is that essentially the record date future date. The reason -- THE COURT: I disagree with that. MR. REID: Okay. THE COURT: The injured parties are the injured parties as of April 29, 2018 as a matter of law. MR. REID: Your Honor, they are not for purposes of this action. This is a derivative action. THE COURT: I'm not prepared to approve a settlement that doesn't set that as the record date. MR. REID: Well then, your Honor, I'm afraid there's no authority for that proposition and -- THE COURT: Then you will have to take it up because I'm not prepared to do that. That's clearly the record date. MR. REID: Well, I don't know what else to say other than that there's no authority for it and this is a corporate level claimant. The corporate harm -- THE COURT: I don't agree with your analysis. You're correct that it is a derivative claim, but because it is a derivative claim, the nature of the action goes to standing, not to the substantive basis to the claim and the record date and that which gives rise to the money should go to the injured parties particularly given the structured direct payments which is what the settlement requires under the circumstances. Shouldn't go back to the company. And I'm wondering to the extent since we're talking about this and we're going to vet all of the concerns that I have this morning about your proposed settlement, I'm wondering where the, if any, unclaimed amounts are going to go in your proposal. MR. REID: So you asked a lot of questions in there, but can we just stick with the record date being back in 2018 for a moment? THE COURT: Well, I'm telling you what I'm doing. So I saw the briefing on the point. I don't agree. That's my decision, Counselor. MR. REID: All right. Well then, my understanding of the settlement agreement is that unclaimed funds will be re-distributed to all minority shareholders as we structured it. The problem with the Court's ruling if it were -- the ultimate ruling is that the shareholders who were shareholders in 2018 sold their shares and now we have new shareholders -- THE COURT: Yes, it should really be held by the New York unclaimed property fund in the name of those shareholders. MR. REID: You're right, but they were injured and they should recover like in any class action. That's the date of the injury.