Quote:
Originally Posted by markroxny
What do we think will happen now that they have been forced to the mediation table?
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"Motion to Authorize / Emergency Motion of
Debtors and Debtors in Possession for Interim and Final Orders, Pursuant to Sections 105, 363, 365 and 503(c) of the Bankruptcy Code: (A) Approving (I) a Plan to Wind Down the Debtors Businesses, (II) the Sale of Certain Assets, (III) Going Out-of-Business Sales at the Debtors Retail Stores, (IV) the Debtors Non-Consensual Use of Cash Collateral and Modifications to Final DIP Order, (V) an Employee Retention Plan, (VI) a Management Incentive Plan, (VII) Protections for Certain Employees Implementing the Winddown of the Debtors Businesses, (VIII) the Use of Certain Third Party Contractors and (IX) Procedures for the Expedited Rejection of Contracts and Leases; and (B) Authorizing the Debtors to Take Any and All Actions Necessary to Implement the Winddown" (Emphasis added).
That is what both sides are looking at if they don't make a deal. Was set today at 11.
Reading between the lines, the Judge is saying: Not so fast, and the Trustee has expressed concerns openly about the management bonuses ... so management may end up "short" on their "bonuses." A potential buyer can negotiate a purchase out of the Court after some debts/contracts are eliminated, rewritten, or reduced in size.