I don't think any aspect of allowing a sale has to be tied to the trial, at all. It DOES have to be tied to the meeting the proper CONDITIONS for enabling a proper sale... but, that has NOTHING really to do with the conduct of the trial at all, that I can see.
I'll agree it appears they are trying to use timing of the conditional sale being floated as a disruptor... which should be disallowed. Among the potential outcomes of a properly conditioned sale effort could be... that as the trial continues over the next X number of weeks, months, years... the properties might be developed by a new partner replacing PXD, one engaged in reasonable best efforts as operator. The question of uncertain valuation now, and proper effort, and proper risking applied in their efforts, which will remain as a liability they face, might best be answered by having development occur... with proven production established before the trial concludes.
I don't see any benefit available from keeping PXD as operator or JPM as trustee... which doesn't suggest to me that their mutual interest in ending that relationship with MOSH should require MOSH's interests, rather than theirs, be sold.
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