“ The Sale Transaction does not constitute a de facto plan of reorganization or liquidation as it does not propose to (i) impair or restructure existing debt of, or equity interests in the Debtors, ......”
but the good news is there is even more from that section. first thing is to address what is meant by a de facto por. a de facto plan of reorg. has sometimes been referred to as a sub rosa (i.e. under the table) plan or a creeping plan of reorg. by that is meant a plan in which some type of agreement outside of the bankruptcy plan is sought which could have a significant impact on the bankruptcy case and the bankruptcy estate.
in other words, they are saying there are no shenanigans going on. that this is NOT a de facto or sub rosa por.
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