Thursday, July 21, 2011 11:17:16 AM
here's a few paragraphs from the 12/15 DS
page 76/110
2. LAMCO
Subject to the discretion and direction of the Plan Administrator, LAMCO may
serve as asset manager for certain assets of the Consolidated Debtors under the Plan. Title and
ownership of the assets of the Debtors will not be transferred to LAMCO. Ownership and
ultimate decision-making authority with respect to each asset after the Effective Date will be
vested in the Consolidated Debtors.
page 94/110
a. Asset Dispositions and Transfers
The Plan does not specify the manner in which assets will be disposed of in order
to satisfy Claims. However, that notwithstanding, certain assets may be disposed of over time
during the pendency of the Plan that may produce taxable income. LBHI’s NOL carryforward
should generally be available to offset any tax gains or operating income that might be realized
over time as LAMCO manages the Debtors’ business operations and disposes of certain Debtor’s
assets, subject to the potential application of section 382 of the IRC, as discussed below. The
transfer of assets by members of the LBHI Tax Group to other members of such Group,
including transfers to newly formed entities in order to create New Securities may also result in
the recognition of income as a result of such transfers, for example, when such transferred assets
or entities holding such assets are distributed or otherwise transferred outside the LBHI Tax
Group. LBHI’s NOL carryforward should also generally be available to offset any such income,
again subject to the potential application of Section 382 of the IRC as discussed below. See
section X.A.3.b.ii – “Internal Revenue Code Section 382 Limitations – Possible Application to
the LBHI Tax Group” of this Disclosure Statement.
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