Stop all the "SUNE Walks" talk. SUNE cannot walk away According to SUNE in its filing in DE Court on February 19, 2016, "If Vivint deal fails, "SunEdison would be subject to a potentially catastrophic lawsuit from Vivint"
It gets even worse. SUNE says it has no defense and that Vivint had wanted to sue SUNE in October 2015:
Per SUNE, Feb 19, 2016: "The July Merger Agreement authorized Vivint to seek injunctive relief to compel specific performance. Ex. 22 §8.11. As early as October 23, 2015, Vivint’s board began preparing for, and threatening, litigation to compel specific performance of the July Merger Agreement. Ex. 5 at 61, 63, 67. Accordingly, non-performance by SunEdison threatened an injunctive proceeding by Vivint against which SunEdison had no persuasive contractual defense "
NOTE: I am long SUNE but I have also started loading VSLR. SUNE cannot avoid this deal so I decided to invest around it.
