Sears Holdings Corp. (fka SHLDQ)

[IL Padrino]

First resistance level, then $.80. Well established chart, very easy to chart this stock for now.

[Deweynami]

17k at .58 and 13k at.60

[TigerInTheStreet]

What does it mean? Final Order? I am not getting it. Sorry.

[andyk803]

What's the wall at. 60

[Lcbm68]

We are going to give it all we can although the day ~ lets go green and brake this darn .60 wall

[linda1]

If the “ Securities Consideration “ was to be
paid to the Debtors after the Closing Date of
the 363 Sale then Holdco could first change its
name to Sears.....??? before it issued the new
Debt or Equity Securities.

However, since the APA states that the Buyer’s
Securities are to be paid on the Closing Date
then it could only be in Transform Holdco’s
name since that will also be the day Holdco
owns the Sears trademark name.

Unless of course the Debtors accept an IOU of
the Securities until after the name change of Holdco
to Sears.......?

[PennyStock Alert]

.58’s up :)

[Lcbm68]

Well that’s our team buying back but few are taking this last opportunity which to us is real strange. But it’s not stopping us today ~ onwards and upwards

[DDStocks]

This Sale Order constitutes a final order within the meaning of 28 U.S.C. § 158(a). The Debtors have demonstrated compelling circumstances and a good, sufficient, and sound business purpose and justification for the immediate approval and consummation of the Sale Transaction as contemplated by the Asset Purchase Agreement. In the absence of a stay pending appeal, Buyer, being a good faith purchaser under section 363(m) of the Bankruptcy Code, may close the sale contemplated by the Asset Purchase Agreement at any time after entry of this Sale Order and shall not be subject to the stay provided by Bankruptcy Rules 6004(h) and 6006(d).

[DDStocks]

IMO it’s good!

[andyk803]

Is it good info for us? Haven't read it yet at work

[DDStocks]

.58 up

[DDStocks]

Looks like they’re digesting the info right now...

[justthefactsmam]

this from docket 2430 (pages 147 and 148) filed this morning which clarifies that the esl transaction with shc is in no way a merger of any kind:

27. No Successor or Other Derivative Liability.

By virtue of the Sale Transaction, the Buyer Related Parties and their affiliates, successors and assigns shall not be deemed or… considered to:be a legal successor, or otherwise be deemed a successor to any of the Debtors; (ii) have, de facto or otherwise, merged with or into any or all Debtors; (iii) be consolidated with the Debtors or their estates; or (iv) be an alter ego or a continuation or substantial continuation, or be holding itself out as a mere continuation, of any of the Debtors or their respective estates, businesses or operations, or any enterprise of the Debtors, in each case by any law or equity, and the Buyer Related Parties have not assumed nor are they in any way responsible for any liability or obligation of the Debtors or the Debtors’ estates, except with respect to the Assumed Liabilities.

[thelionwarrior]

Judges have to listen to serial killers. Doesn't mean they agree or will side with them. Just the motions they have to go through.

[PennyStock Alert]

I don’t think MMs read the latest filings :)

[PennyStock Alert]

Agreed :)

[inouttrader]

Judge Drain will hear them out... judge knows those debtors made money but not as much more as they want,like credit cards companies. ..Judge Drain knows irs part of businesses to make or lose money. ..I can tell judge drain will tell them,"take the big "LOST" and moved on",just my opinion only ok.. best of luck to all traders here...tic-toc- tic-toc

[Orion1972]

there is also a creditor that is asking for school taxes for 2019 to the tune of 250k

[StrategyTrader]

Agreed going to be bombastic

[StrategyTrader]

yes sir thanks.

[DDStocks]

Looking good for ESL

[AMPazzo]

It seems like the only thing people somewhat agree on is this will trade sideways until a decision is reached by Judge Drain either siding with ESL or siding with the Creditors. Why do we not discuss stock price reaction to either of those rulings. I think if he sides with ESL we move up. If he sides with Creditors we move down.

[AMPazzo]

I have read a few like the creditor in Fort Myers who is owed 2.2 Million in back rent from Sears/KMART. These are business people also who entered into an agreement and expect to be paid. Do they not deserve to be made whole. The fear of the creditors is if they allow the Sale to be made final they will get 0 where as if they liquidate they may get a few pennies on the dollar. Each creditor has to look out for its best interest.

[PennyStock Alert]

Final Order.

This Sale Order constitutes a final order within the meaning of 28 U.S.C. § 158(a). The Debtors have demonstrated compelling circumstances and a good, sufficient, and sound business purpose and justification for the immediate approval and consummation of the Sale Transaction as contemplated by the Asset Purchase Agreement. In the absence of a stay pending appeal, Buyer, being a good faith purchaser under section 363(m) of the Bankruptcy Code, may close the sale contemplated by the Asset Purchase Agreement at any time after entry of this Sale Order and shall not be subject to the stay provided by Bankruptcy Rules 6004(h) and 6006(d).

[ATM123]

Anything Important for share holders

[Orion1972]

Have you read any of the objection dockets?

[PennyStock Alert]

Just out!

https://restructuring.primeclerk.com/sears/Home-DownloadPDF?id1=MTMwOTc0&id2=0

[PennyStock Alert]

PLEASE TAKE FURTHER NOTICE that the Debtors will appear on
February 6, 2019 at 9:00 a.m. (Eastern Time) before the Honorable Robert D. Drain, United
States Bankruptcy Court for the Southern District of New York, Courtroom 118, 300 Quarropas
Street, White Plains, New York, 10601-4140, to continue the hearing on approval of the Asset
Purchase Agreement and entry of the Revised Proposed Order.
Dated: February 6, 2019 New York, New York

[thelionwarrior]

Yep. From the amended sale forms. However I don't know how to provide the link cause its downloaded on my phone... but you can find it in the docket entries. This is the third amendment. The document also shows the changes that have been made from the previous documents.

[StrategyTrader]

Troops are ready to take short sellers hostage they will cover all the way to 2 bucks and beyond we tried to guide and point them to the true facts let's celebrate

[BeamMeUpScotty]

Is this text taken from a court document?

[StrategyTrader]

Buy fist full without fear chin ching coming and short sellers going to get us to 2 dollars quick.

[Lcbm68]

Today’s start is going to be chaotic ~ we are going to make history in the next 48 hrs it’s success for us longs the ones who stood by Lambert and Co. the demand today and tomorrow is going to be lightening ~ this is, your last chance

Believe

[StrategyTrader]

Seems also posts scaring investors to sell so they can buy cheap and flip anyone can see these games 1st grade level bs

[PennyStock Alert]

Institutional ownership of SHLDQ

$SHLDQ With this kind of institutional holdings I think it’s very unlikely that the commons will be cancelled. https://t.co/Vugh2CgWRA

— James Jensen (@JamesJensen40) February 6, 2019

[katano]

Short save ur own arss. Today is the last chance...

[thelionwarrior]

Shorts know its a done deal! They are out thick today! Woooooo!!!!!

[AMPazzo]

Lampbert DOES NOT HAVE SEARS. NOTHING IS OFFICIAL THOSE ARE MISLEADING COMMENTS and detrimental to novice traders. Judge Drain will render a DECISION on FRIDAY if he will approve the confirmed SALE of SEARS to Lampert's ESL group.

Sears returns to court

[BBstocks77]

That says a lot right there. NO better time to invest in Sears imo.

Sears to gain $600-$800 Million Dollars in real estate sales on closed stores with 400+ profitable stores remaining.

[thelionwarrior]

THOSE WHO KNOW... KNOW
" (the “Second Lien Security Agreement”) has been, or will be, directed by ESL as the “Required Secured Parties” under the Second
Lien Security Agreement pursuant to one or more direction letters delivered to the Second LienCollateral Agent (the “Second Lien Consent”). The Second Lien Consent binds all parties
holding debt under the Second Lien Term Loan, Second Lien Line of Credit Facility and Second
Lien PIK Notes in their capacity as such (collectively, the “Senior Second Lien Creditors”, and
their claims against the Debtors under such debt document, the “Senior Second Lien Claims”).
The Senior Second Lien Claims shall be deemed allowed for all purposes in these chapter 11
cases and under the Bankruptcy Code, as reduced by any amounts included in the Credit Bid.
Pursuant to Section 363(k) of the Bankruptcy Code and this Sale Order, the Second Lien
Collateral Agent is hereby authorized to credit bid the Senior Second Lien Claims as a portion of
the Purchase Price (the “2L Credit Bid Amount”, together with the ESL Credit Bid Amount
(without duplication), the “Credit Bid Amount”). At the Auction, pursuant to the Asset Purchase
Agreement, the Buyer agreed to pay the Purchase Price, which includes the Credit Bid Amount

[growingpains]

Billion Dollar Retailers Economics and Commerce The American Way Sears=Amazon=Success Survival and prosperity Sorry Guys To Big for you

[mojo joyo]

Correct.is up to the judge.

[AMPazzo]

Here is what is lost in my translation how can ESL and Lampert call the creditors self serving. They are owed millions by Sears to be exact over 3 billion. Now he wants to wipe the slate clean and not pay them. WTF I have issues with that not as an investor but as a moral ethical human being. You pay individuals for servics rendered.

While Judge Drain has expressed a desire to save the company and the workers' jobs, the final decision will ride on returning as much money as possible to those who are owed money from Sears. The committee of major creditors are owed more than $3 billion. They have argued repeatedly they don't believe it makes sense to try to save Sears. They called the plan to stay in business "nothing more than wishful thinking " and "an unjustified and foolhardy gamble with other people's money," in one of their filings.
Lampert's filings have been similarly dismissive of the creditors' positions, calling them "self-serving bombast" that would hurt other parties due to a "difficult to fathom set of narrow interests."

[thelionwarrior]

Lampert got Sears! We are in good hands now! Just waiting on the formalities! So excited! Full disclosure..... I'm buying more!!!!! Woooooooooo!!!!!!

[AMPazzo]

People must need to understand the facts and not the lies. Deal has been confirmed not finalized. That took place Friday. Creditors have this week to voice objections and they want Sears Liquidated. There argument is they will receive more money if they liquidate immediately. If Judge Drain allows the confirmed plan to be finalized Creditors feel that they will receive nothing and in a year to 5 Sears will no longer exist and the 45,000 people will be out of jobs.

Judge Drain must rule and do what is in best intrest of the creditors in Bankruptcy Court if they did enough to convince him.

[mojo joyo]

You are correct.this still a tossed up.judge will do what is best for the company.many here keep saying is done deal.nothing happening so far.the longer it takes less the chance to be approve.
That's a fact.even may it take till next week.for a desicion.
Hope is a good one for those 40,000 workers.

[WebSlinger]

Doc #2427

NOTICE OF AGENDA OF MATTERS SCHEDULED
FOR HEARING ON FEBRUARY 6, 2019 AT 9:00 A.M.

https://restructuring.primeclerk.com/sears/Home-DownloadPDF?id1=MTMwOTUw&id2=0

[justthefactsmam]

linda,

it's probably no more than semantics on my part. you are correct in what you have said guess i'm just thinking it might be something more like "new sears" or some such name which will show on a security document which would also reference transform holdco as the name of registrant as you noted it is specified on the corporate registration.

there is a period of time, hopefully, between esl's purchase approval and the actual closing. guessing it's in that interim where some type of registration will be filed or securities and the name on those securities will be finalized.

another possibility is whatever retail name they want to be know as could be the image created with the registration being filed by transform holdco as the formed company.

if esl's bid is approved there will certainly be the assumption that everything purchased will be esl's (such as the sears' name or other logo's or trademarks) and there may be a lot of "legal" references between drain's approval and closing based on the assumption the closing will occur.

[I-Man]

Well Mr. Lampert, these are the major concerns with all your Creditors:

The initial hearing before Judge Robert Drain of the U.S. Bankruptcy Court in White Plains, N.Y., lasted through early afternoon. It is expected to resume Wednesday as lawyers question professionals who worked on behalf of Sears during its bankruptcy and auction, and could continue into Thursday.

The creditors are challenging the sale, claiming Mr. Lampert and his hedge fund used stock buybacks, spinoffs and dividends to rake in billions while stripping the company of its best assets.

Mr. Lampert's ESL has repeatedly denied accusations made by the creditors throughout the bankruptcy proceedings.


And SEC filing yesterday shows this is in fact true if I understand what I am reading from recent Form 4 and you are/have been self-serving and double-dipping...