Any deal in the works will depend on new tax rates given the impact on NOL's (a lower tax rate decreases value on NOL's) and how repatriated capital is treated. The number crunchers are prob going insane.
From the 2017 annual report
We have federal and state net operating loss (“NOL”) carry forwards which, if we were to become profitable, could be used to offset/defer federal and state income taxes. Our ability to use such carry forwards to offset future taxable income may be subject to certain limitations related to changes in ownership of our stock.
As of April 30, 2017, we had federal and state NOL carry forwards of approximately $392 million and $264 million, respectively, expiring from 2018 to 2037. These NOL carry forwards could potentially be used to offset certain future federal and state income tax liabilities. However, utilization of NOL carry forwards may be subject to a substantial annual limitation pursuant to Section 382 of the Internal Revenue Code of 1986, as amended, as well as similar state provisions due to ownership changes that have occurred previously or that could occur in the future. In general, an ownership change, as defined by Section 382, results from transactions increasing the ownership of certain stockholders or public groups in the stock of a corporation by more than 50 percentage points over a three-year period. We performed a detailed analysis of our NOL carry forwards through April 30, 2017 and it was determined that no change in ownership had occurred. However, ownership changes occurring subsequent to April 30, 2017 may impact the utilization of our NOL carry forwards and other tax attributes. Any limitation may result in expiration of a portion of the carry forwards before utilization. If we were not able to utilize our carry forwards, we would be required to use our cash resources to pay taxes that would otherwise have been offset, thereby reducing our liquidity.
Where the pending new tax code goes with this nol crap is anybody's guess. Impact could be $5 mil to $100 mil... WAG
On another note...
As far as SK goes, if there is a CVR component I would not be surprised if he plays a watchdog/babysitter role given his comp could be tied to IP success. My guess is current team wants a front loaded deal as much as possible to jump start Avid and a CVR component to keep the dream alive to appease shareholders.
The timing of any deal depends on how all this stuff shakes out.
