That was my understanding of the tax law behind the usage of the NOL's. My most recent theory I canceled typing up because it was like 15 pages long, but to give you the TL;DR I showed connections between keeping the NOL's intact, POR (and the lack of one), Chapter 11 bankruptcy and satisfying creditor through full purchase of assets and liabilities, and finally showing that Eddie would make money either way, the only variable being his reputation. Leaving everyone in a 50/50 chance position based solely off of his morals. If Eddies a good guy and wants to keep a good reputation, we win. If Eddie thinks he can continue to go about business usually and screw us over, we loose.
If Eddie wants to proceed with us, he'd have to make a buyout, and then essentially move us straight to NASDAQ to keep his NOL usage which puts him ahead of the liabilities. This to me makes the most sense. He starts with 1.5 billion in surplus, keeps his reputation intact, and starts trading on the NASDAQ asap which allows for his friends with hedge funds to dump money into as well. With the new ties to Amazon being out, I think he fully plans on reviving sears in a new manner, but I think public opinion is going to have to be high for it to happen. If it comes out that Eddie is happy to rip all his shareholders off, he won't be able to maintain business, and would possibly even loose his deals with Amazon.
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