Fri, 04 Jun 2021 07:44:16 +0000

This essentially holds Uniti's lawyers' arguments about dismissing Windstream's ridiculous attempt to recharacterize the lease as financing. It has compelling arguments and since I know you won't read it, I'll try and summarize the strongest argument. In order for Windstream to spin Unit into a REIT and gain the tax-advantage status while also maximizing both companies values, they had to ensure that the lease was a "true lease. " Windstream structured it like that. They also pitched it like that when selling Uniti securities to creditors and investors that traded Windstream debt and equity for Uniti's. Windstream further claims that Windstream's structural peculiarities somehow render the lease an unsecured and structurally subordinated financing. This would be news to Uniti's investors, who purchased Uniti securities based on Windstream's representations that Uniti owned that property and received rent payments from Windstream under a true lease. Basically they would've intentionally misled potential creditors and investors.

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