Friday, August 03, 2012 5:19:55 PM
CT/Subordinates are only needed for the enforcement of the reallocation clause to senior creditors.
Re: NOLs, you do not need CT/subordinates to retain NOLs/carry forwards/tax attributes. WHY? because there is a clause where there CAN BE A CHANGE IN OWNERSHIP and STILL RETAIN NOL/Tax attributes after 3 years.
Wonder why Lehman asked for 3 year for equity to be tied up as 1 share in a trust? Because after 3 years, every thing from seniors deficiency on down is discharged and they can still retain tax attributes.
Good luck.
imo
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