What is "The KERP Line"? This is the ranking of the KERP charge in the list of Creditors. This has nothing to do with the KERP being used or not being used; let's make that clear off the bat. The 3rd Restated Order places the CCAA Charges above all Secured Creditors. Second in line is the Comerica Syndicate(yellow). 3rd (in general) are all other Secured Creditors(green). 4th is the KERP Charge. After the KERP Charge are unsecured creditors. So using the ranking of charges you can come up with "The KERP Line". The 8th Report says "All amounts "owing" that are SUBJECT to the KERP Charge have now been paid." So no matter how you want to define "subject to"; either everything above the KERP line has been paid or everything below the KERP line has been paid. WHY? Because these are "all amounts owing". So if you think "subject to the KERP Charge" means above the line; then you think all secured creditors have been paid and a lot more than 4.3m has been collected. If you think "subject to the KERP Charge" means below the line; then you think that unsecured creditors have been paid before Secured Creditors and Secured Creditors signed off on that and that indicates more/something else is on the way to pay them. Either way you want to define it; the bottom line is that: "All amounts "OWING" that are SUBJECT to the KERP Charge have now been paid."
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