I think many things need to be sorted and protections need to be put in place if I was Judge Drain and wanted to approve this deal. There is no guarantee of jobs and stores remaining open if this deal is approved.
Their outreach came after Sears board member Transier testified Monday that the deal to sell Sears to Lampert's ESL does not preclude future job cuts or store closures.
Matthew Mason, a commercial real-estate consultant for Conway MacKenzie and former real-estate counsel for Sears and Kmart, said there's a good chance that ESL will continue to close stores following the deal until eventually there are none left.
Judge Drain cannot approve of this if in 5 years Sears no longer exists whether as its own entity or in a holding company. There needs to be guarantees that in 5 years there will still be 400 storefronts and 45,000 employees. Lets see how interested Eddie is in being a savior and burning his hedge funds money and his own money to keep this retail business going.
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