I don’t think that Lampert can unilaterally protect the Common Shareholders from zero recovery since Chapter 11 Rules state that Senior and Junior Debt must be paid in full first - unless Creditors vote otherwise.
On the other hand - why would he mislead Shareholders by stating in the Bid - dated Dec 28 - that both Creditors and Shareholders would benefit by his winning Bid?
Lawyers are very careful about words they choose in legal documents. Did they make an error in wording?
Anyways - I am wondering what happens if the Judge approves the Sale of Sears to ESL and then the Creditors do not approve the POR?
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