In order for them to use the NOLS most effectively, they would have had to structure the deal as a reverse triangular merger with implant as the surviving entity. For whatever reason that was not what they wanted.
In this case with Zapata, Zapata will merge into the Implant shell . The Company is the surviving entity. That in itself is not a CIC. It's also important that no 5% owner will trigger a CIC so they will be able to use the NOLS most effectively.
So I don't regret ever bringing this up Ted, Let's go forward and not revisit what if's. I beg of you, please!!!,,, It serves NO purpose.