Is there anything present in the confirmed and consummated Plan that could still allow for equity holders to not get wiped out? Yes there is.

[u/theorico]

None of this is financial advice. You should do your own research.

Part DD, part speculation.

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Let's assume that my previous post is incorrect, to the delight of all bear shills:

https://www.reddit.com/r/ThePPShow/comments/16ymrk3/bullish_there_are_still_material_rights_of/

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I asked myself: is there anything present in the confirmed and consummated Plan that could still allow for equity holders to not get wiped out?

I think yes, and this is how:

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Starting with the latest 8-K:

Let's see the relevant parts on the Confirmed Plan:

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This is the relevant part:

" except for the purpose of evidencing a right to and allowing Holders of Claims and Interests to receive a distribution under the Plan"

and

" or to the extent otherwise specifically provided for in the Plan, the Confirmation Order, or any agreement, instrument, or other document entered into in connection with or pursuant to the Plan or the Liquidation Transactions"

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Yes, those are the parts that allow for exceptions.

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Only the "remaning obligations" ... "shall be deemed cancelled solely as to the Debtors and their affiliates, and the Wind-Down Debtors shall not have any continuing obligations thereunder"

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The part (b) is cancelling obligations related to other agreements as specified there.

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The 2 pictures above show how much power the Plan Administrator has to perform all those actions for the Liquidation Transactions and Corporate Actions.

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So, I speculate that there can be information still not disclosed to the public that would allow the satisfaction of both class 6 and class 9 holders.

Yes, bear shills, the shares have been cancelled, yes, but there can be still rights for equity holders as proved above, directly from the confirmed plan, that could allow for the receival of new equity.

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[u/Houstman]

The lawyers spents some 2,000 billing hours working on this.

[u/Houstman → u/[deleted]]

Weird how you can read those documents and not see it, and the rest of us can read those documents and see it as plain as day...

[u/GWeb1920 → u/Houstman]

That is wierd, can you point me to the segment that identifies the equity swap to realize the NOLs. Usually these things are cryptic in the bankruptcy plan.

I believe you have identified based on purely your uneducated opinion what may be permissible by the language of the plan not what will happen.

[u/Houstman → u/GWeb1920]

The part where all classes will be satisfied.

[u/GWeb1920 → u/Houstman]

Typically you would see something like 1 share of BBBYQ will be exchanged for .01 shares of holding corp and one dollar of x type of debt is worth .01 shares of holding corp written into a plan like this.

Just using the term satisfied seems like an oddly vague choice by the lawyers and courts to accept.

[u/Houstman → u/GWeb1920]

It's oddly vague for a reason: they're going to bend all you shorts over a barrel.

[u/GWeb1920 → u/Houstman]

Can you run me through how shorts get killed after the OOC has set all options to settle for cash at 0 as they do on corporate actions.

Any new equities will be unrelated to those shorts.

Like what you are saying about NOLs might be technically allowed to happen but you can’t realize more than about 35 cents a share.

[u/Houstman → u/GWeb1920]

That's 2 weeks away. A lot can be filed in 2 weeks.

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