In terms of priority in the US Bankruptcy Laws - common shareholders are the lowest priority - it goes: 1. The Government/IRS 2. Secured creditors 3. Unsecured Creditors 4. Preferred Shareholders 5. Common Shareholders If any class Class above the Common shareholders are impaired then the common or Equity Interest is impaired. And as you stated you can't impair part of the Common shares and leave others intact. It should clearly state in the POR what the fate of the common shares will be. IG