There is zero stated in the APA that the NOLs and other Tax Attributes will be included in the 363 Sale.
PLUS why would the Debtors state as follows if Holdco is to receive the Tax Attributes upon the approval and closing of the 363 Sale:
“ The Debtors have commenced formulation of a chapter 11 plan and are evaluating the contours of a potential plan including the Debtors’ significant Tax Attributes “
PLUS if the Debtors are planning to Liquidate after the 363 Sale is approved why did they say that they needed more time to get an Agreement with the Creditors on a POR - as the reason for extending the POR filing date?
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