UP. From the Debtor's filing today this is certain.....there are multiple parties interested in doing some kind of deal and the $3M the Debtor is asking to be used for DD reimbursement purposes is being set aside only for the most serious lookers. I infer from the filing that it's most likely Amazon who's the most serious and asking for the $3M in go away money if a deal doesn't get done.
I have NEVER in my over 10 years of bankruptcy experience seen this type of 'break-up fee' when there wasn't even a public sale on the table.
This is not some activist investor or a group of bondholders angling for better plan treatment....this is a BFD.
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