That is correct. The SHLDQ shares are staying
with Sears Holdings in Bankruptcy.
The first APA never did propose to take the SHLDQ
shares. It was a misunderstanding of
an excerpt in the proposed “ Order Approving
the APA “:
“ Y. The Sale Transaction does not constitute
a de facto plan of reorganization or liquidation
as it does not propose to (i) impair or restructure
existing debt of, or equity interests in, the Debtors, “
It was only after I figured out that the APA was a
363 Sale - which excludes Commons - that I
realized the Sale was not a Successor Sale which
would have included the Commons.
After figuring out that the APA was
a