Sorry, didn't see the quote before.

I'm not sure what to make of Judge Silver. She seems to be thinking out loud. You see in the passage above that she says "that is for another day" and "not sure about the 9th." If you look at what the 9th said on the first trial, and can't say the events changed them, then by that standard it is still not ripe. They said that it could not be contingent and that there had to be a final SLI in place.

What if the merger fails? What if we went to a 3 way and the west group ended up with a much better SLI? How do you determine that before hand?
That was the problem before.

I'm not saying that she won't rule it ripe, or that she won't rule in your favor. I think she favors your side. Just can't see it, at this time, but I'm not a lawyer.