Interesting, I notice that this is just a general comment, and not a lawsuit. Because the offer has not been officially accepted/rejected?
Plus, I remember that Sprint/Clear contractually can't close their transaction before the Soft/Sprint merger completes, which is expected middle of this year, could the clear/sprint deal close before clear runs out of cash... From what I've read, they [Clear] have only enough cash to get them until 3Q13. Additional financing may be scarce, or very expensive if found.
... "But Clearwire needs quick action. It needs financing, which is why Sprint offered Clearwire up to $800 million of financing to tide it over until the closing of the Sprint deal. Because of the equity component in that financing, Dish says its deal blows up if Clearwire draws on the financing. And under the terms of the Sprint merger agreement with Clearwire, Clearwire is not permitted to borrow money from Dish. So if this deal drags on, Clearwire could be between a rock and a hard place as Clearwire is starved for cash. Clearwire needs clarity sooner rather than later." http://blogs.wsj.com...ppears-limited/