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Re: bluebird50 post# 174

Thursday, 03/31/2011 12:18:40 PM

Thursday, March 31, 2011 12:18:40 PM

Post# of 461
It is a very interesting case. One of the more notable items to watch for will be how SOX 304 disgorgements are addressed within the context of a Chapter 11 Plan. Looking to other SOX 304 actions outside of bankruptcy, those funds typically revert back to the Company, as is the directive of SOX 304 itself.

At present we are awaiting the release of the Amended POR and DS. At the March 10th Status Conference Hearing, the Debtors announced their intention to file the amended documents by March 28th. Since that hasn't happened, it is reasonable to assume that there is some disagreement among the parties regarding funding, valuation, exculpation/indemnification or "who gets what" etc.

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