Smart move by them to socialize losses over all types of assets and accounts. I'm sure some of the ETH and fiat account holders will try to sue them. But, really this is the only fair thing to do since this is exactly what would happen in a liquidation except that this way we (the customers) won't be last in line behind all their commercial creditors, secured creditors, bankruptcy attorneys, and etc.

I like the idea of the BFX Token as a kind of convertible debt instrument that could be repaid or converted to equity in iFinex Inc. This could actually be worth something given that the losses came in at 36.067% instead of the 62% number that people had been bandying about. So, if the losses were 119,756 BTC that means BFX had something like 332,037 BTC worth of assets (taking into account all customer assets). At $602/BTC that means BFX was holding customer assets worth $199,886,633 prior to the security breach.

From BFX:

Monitoring - Interim Announcement
August 6, 2016

Following the theft on August 2nd, the Bitfinex team has been working tirelessly towards bringing the platform back online in a secure and controlled manner. We have finalized the accounting of losses incurred and are currently coordinating strategic plans for compensating customers.

We intend to come online within 24-48 hours with limited platform functionality. Additional announcements will be made as we progressively enable more platform features and return to full operations. We appreciate that our customers and the public want this handled quickly, but it needs to be done a way in which all assets are secure and immune from vulnerabilities. Every resource is being leveraged to make that happen in a safe and optimal way.

As disclosed in earlier announcements, all withdrawals, open orders, and open funding offers have been cancelled and all financed positions have been settled. Exact settlement prices were published on August 3rd.

After much thought, analysis, and consultation, we have arrived at the conclusion that losses must be generalized across all accounts and assets. This is the closest approximation to what would happen in a liquidation context. Upon logging into the platform, customers will see that they have experienced a generalized loss percentage of 36.067%. In a later announcement we will explain in full detail the methodology used to compute these losses.

We are actively discussing various strategic options with numerous potential investors as part of our strategy to fully compensate our customers. Such discussions, however, are in early stages and will likely take time to play out. In the meantime, In place of the loss in each wallet, we are crediting a token labeled BFX to record each customer’s discrete losses. Tokens will be distributed without release or waiver. The BFX tokens will remain outstanding until redeemed in full by Bitfinex or possibly exchanged—upon the creditor’s request and Bitfinex’s acceptance—for shares of iFinex Inc. We are still sorting out many details on this; we will post further updates in the coming days.

Thank you for your continued patience and for the many generous offers of support that we have received over the last several days. Notwithstanding this attack, we continue to believe in the possibilities associated with bitcoin. We will continue to update our customers and the public as and when we can.
Aug 6, 16:02 UTC
https://bitfinex.statuspage.io/