NOLs are GONE with
"the Final Payment".
JPM paid FDIC-C on or before June 1st, closing the PAA with JPM's Indemnification payment on July 14th. The FDIC-C will push the funds to FDIC-R for distribution to "the Debtor's Estate" WMI-Escrow Holders to complete the "Change in Control" for "WMB and it's assets".
When "the Debtor's Estate" WMI-Escrow Holders realize "the Final Payment", when WMIH will 'Book' the Capital Gain against the Capital Loss and the NOLs are GONE.
The old Capital Loss will be re-Booked as the new offsetting Capital Gain. Hence; No Capital Loss, no 'gives rise to' NOLs.
The current 8-K [Value from the Hawaii Insurance Bond "Assets" which Old-WMI owns] can be 'Booked' against current NOLs, until "the Final Payment" is realized by Old-WMI, and 'Booked' by WMIH.
HLCE,
Ron