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Re: Eli's Gone post# 48881

Friday, 07/27/2018 12:14:33 PM

Friday, July 27, 2018 12:14:33 PM

Post# of 52074
"My sources" are fervently attempting to gain support for an 11 conversion. It is an uphill struggle. I don't know where things stand.

My point is that based on the criteria for the Trustee's role, he must seek maximum value for the assets. See paragraph III-A in the filing linked below.

https://www.courtlistener.com/recap/gov.uscourts.nvb.372229/gov.uscourts.nvb.372229.60.0.pdf

And his contention in paragraph III-B-1 that the assets have "diminishing value" is not valid, because of the ongoing testing for FDA approval.

That's why my impression - and I believe I'm not the only one who feels this way - is that the Trustee is taking a very narrow view of his mandate, and merely wants to get it over with in the most expedient manner. He has not encountered any resistance as of now.

We can provide that resistance by advocating for a delay.

I am not suggesting that it be "open-ended". As I wrote in my previous post, the picture will be very different if the final sale would be scheduled for the end of '18.

By then it will be much clearer if the FDA work is completed, or close to being finished. August 31, we know for sure, will not provide that clarity, so the potential value is a fraction of what it would be otherwise.

It seems to me that the Trustee is obliged legally to maximize the potential value, by taking account of the larger picture.

In this case, the ones who would stand a chance to gain something are we, the shareholders.

If we go down, let's go down fighting!

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