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Re: lwc23 post# 31945

Tuesday, 04/05/2016 2:00:17 PM

Tuesday, April 05, 2016 2:00:17 PM

Post# of 36852
the link you have has the following on page 6

11. In the event a corporation experiences an Ownership Change, section 382
generally imposes a limitation on the amount of NOLs and certain other tax attributes that can be
utilized in each subsequent year to offset income. Subject to a number of potentially applicable
adjustments, this limitation is generally equal to the product of (1) the equity value of the debtor
immediately before the change in ownership multiplied by (2) a long-term tax-exempt rate
prescribed by the U.S. Treasury (2.53% percent for an Ownership Change occurring during the
month of February 2016). If Republic were to undergo an Ownership Change at a time prior to
consummation of a chapter 11 plan, the resulting annual limitation could result in a substantial
portion of their NOLs expiring unused.
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