Sears Holdings Corp. (fka SHLDQ)

[justthefactsmam]

the quirk about shareholders seems to be satisfying the condition that at least one of the major shareholders of the company giving rise to the nols (that would be lampert as the majority shareholder of shc stock "shldq") must also be the major shareholder of the acquiring company (lampert is the 100% owner of transform holdco).

further to this point, lampert is a secured creditor, and more importantly a superpriority creditor, and as a creditor he is considered a shareholder.

it is my understanding the shareholder requirement can be met based on lampert's "shareholder" status as a creditor which would also be a method of leaving out the common shareholders in total.

there have been a number of publications to this point but few on this board share my opinion as to how this will end up.