The prospects of VYST generating net income that would allow the company to use the NOLs are dim.
Some people trot out the idea that the company's NOLs could be used by a profitable acquirer to offset bet income. Well, there are major restrictions on the use of NOLs when there is a change of ownership.
Restrictions After Ownership Changes
In addition to the limitations noted above, when a corporation changes owners (when there is a more than 50% increase in stock ownership by 5% or more shareholders over a three-year period), Internal Revenue Code Section 382 limits the annual use of pre-change NOLs to the value of the corporation immediately before the ownership change multiplied by the long-term tax-exempt rate.9
For example, if a corporation valued at $1 million changes owners when the applicable rate is 5%, its annual NOL usage would be limited to $50,000