Sears Holdings Corp. (fka SHLDQ)

[justthefactsmam]

this is from docket 2379 filed this morning:

from page 21/77 and filed by esl's lawyers

"the improved bid involved the assumption of another $663 million in additional liabilities, including up to $166 million of payment obligations with respect to goods ordered by debtors prior to the closing of the proposed transactions (but as to which goods debtors have not yet taken delivery and title prior to closing"...

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possibly the dispute involves proof from the debtors those goods have been in fact delivered and are in shc's possession or proof has been provided some/all of those goods have been sold.

seems like esl would be well within its rights to demand proof so that they don't take on any portion of a $166 million obligation only to find that the "goods" have somehow gone missing.

language seems clear esl is responsible but it also seems clear that shc had not yet taken delivery and title. should be an easy matter to resolve.