- 22 - After evaluating the history of Reliance’s repurchases and the valuation date financial and business conditions of Reliance, and understanding that valuation is inherently imprecise, we conclude that, as of the valuation date, it was reasonably foreseeable that Reliance would be financially able and willing to repurchase 20 percent, or 720,253, of the estate’s 3,601,267 Reliance shares. Though we find some flaws and imprecision in both steps of Nunes’ discount methodology, neither of the estate’s experts provided a distinct methodology for estimating a repurchase discount. We conclude that in this case the 13.9-percent repurchase discount used by Nunes is appropriate to utilize in the valuation of the 20 percent of the estate’s Reliance shares that we conclude it was foreseeable would have been repurchased by Reliance. Dribble-Out Method for the 2,881,014 Balance of Reliance Shares We conclude that the 2,881,014 balance of the estate’s Reliance shares should be valued under the dribble-out method. The experts agree that, at the SEC Rule 144 rate of 277,860 shares per 3-month period, it would take 3.25 years (the dribble- out period) to liquidate the estate’s 3,601,267 Reliance shares. The experts, however, use different methodologies for discounting the future sales proceeds to reflect the time value of money and the risk that Reliance’s stock price might decrease during thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011