The KERP charge has not been paid. If it had been paid, there’d be a line item on the cash flow sheets, and there are none.
In order for the KERP program requirements to be met, the secured creditors and the DIP lender would have to be paid in full in cash first, and they have not. That would require the SISP to have resulted in a bid of over $40M, and they didn’t get a single bid for anything. The proceeds from the liquidation were just over a tenth of that.
Had their been a transaction so lucrative, it would be directly documented in the monitor’s reports and court motions and orders. There’s no such thing.
Give it up or show the line item for the KERP and the payment in full of the secured creditors.
