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Re: clawmann post# 277749

Friday, 02/18/2011 12:06:37 PM

Friday, February 18, 2011 12:06:37 PM

Post# of 733360
The total payout under the Plan is expected
to exceed $7.5 billion. (Ex. D-5C at 3.) In addition further
recoveries may be possible from the assets conveyed to the
Liquidating Trust and from the Reorganized Debtor and the NOLs.

Finally, because the Debtors will not
emerge from bankruptcy before December 31, 2010, the Debtors
could potentially have the full use of their approximately $5
billion in NOLs. See Chaim J. Fortgang & Thomas M. Mayer, 47
Valuation in Bankruptcy, 32 UCLA L. Rev. 1061, 1129-30 (1985)
(noting that NOLs often are a debtor’s largest asset).

47. Had the Debtors emerged from bankruptcy before December 31, 2010, they would have been able to use only $100 million of
their NOLs. The Debtors’ valuation expert acknowledged that
based on the business plan and projections for the Reorganized
Debtor which assumed emergence before December 31, 2010, his
valuation did not consider the ability of the Debtors to use more
than $100 million of their NOLs. (Hr’g Tr. 12/6/2010 at 34-35.)

THJMW purposely delayed the decision on the plan and GSa into 2011, so the debotors valuation expert (Blackstone) would need to account for the NOL's. Good for Equity! wink

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