It would be great to have an FDA decision before an asset sale so the sale could get the most bang for the buck---or possibly nothing :-)
When faced with the FDA application process, at what point does the trustee pull the plug?...
he is granted the authority to "operate" the company for a limited time---what is limited when dealing with the FDA?
he is working under a financing agreement with the stalking horse bidder---an agreement that has a due date----does he put off the sale until after that due date--violating it?---will it be amended?
he has a bid floor now provided by the Marshall's with potential overbids--there is no risk---he is guaranteed nothing more beyond that and it probably isn't in his best interest to gamble on an FDA anything...
of course, shareholders would like to be in a better position---but quite honestly, no matter which way this goes, IMO shareholders have no position...
potential buyers of the tech would like to get it on the cheap--especially the stalking horse guy--the quicker the better..
I hope to be proven wrong....
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