Synergy Pharmaceuticals Inc fka SGYPQ

[kex0414]

Nothing should be relied upon when taken out of context. Admittedly, I have read little of the myriad of verbiage collected thus far………………………. However, having said that, my favorite paragraph in the Motion, and the only one that caught my eye, and subsequent interest is as follows:

5. To show that a bonus plan is not governed by Section 503(c)(1), the debtors must prove by a preponderance of the evidence that the bonuses are a part of a “pay for value” plan that offers incentives based on performance rather than a “pay to stay” plan. In re Global Home Prods., LLC, 369 B.R. 778, 783-84 (Bankr. D. Del. 2007); see also Residential Capital, LLC (“Rescap I”), 478 B.R. 170 (Bankr. S.D.N.Y. 2012). If the debtors fail to meet their burden of proof, then the bonus plan cannot be approved.