if lampert were to make some kind of "side deal" outside of bk with the creditord, then what you would have is a "de facto" or "sub rosa" offer by him and that would probably negate the apa or cost him things like the nol's. look at the docs in the auction results section of the docket. it specifically states els's bid is not de facto.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.