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The Debtor has generated, and is currently generating, a significant amount of Tax Attributes for U.S. federal income tax purposes. The Debtor has experienced losses from the operation of its business, having failed to post positive net earnings since its inception. As a result, the Debtor estimates that its utilizable federal income tax net operating losses are approximately $438 million (“NOLs”), consisting of approximately $302 million of NOLs through 2017 and $136 million of NOLs generated during 2018, and it expects to have incurred additional NOLs since then through the Petition Date, which amounts could be even higher when the Debtor emerges from chapter 11. The Debtor’s Tax Attributes are a valuable asset because the Debtor generally can carry forward its Tax Attributes to reduce or eliminate its
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