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fsshon

12/27/10 1:48 PM

#266367 RE: WithCatz #266353

It's like I have said "I am going out on a Limb" by speculating that the WhereAs order is a signal to Rosen and the Hedge Funds that have been trying to control the bankruptcy court because of the "absolute priority rule and the financial economic crisis/recession" giving them priority, but abusing that priority to the detriment of equity is subject to the courts firm hand.

I believe she sent them a signal to leave it be and let it expire.. You can resubmit a new equity friendly POR next year after your NOL's and "UNRESOLVED MULTIPLE OBJECTIONS" have been resolved.

As a favor and good hand to the court, it is good idea that you do not make the court issue an opinion just to get guidance.

That's my Limb !!! I know it is like betting on 17 on the roulette wheel. Because the odds of Rosen not extending the GSA is about the same as my betting chips on 17.. 35 to 1 payout though...No red/black here.. Going for it on specualtion the little ball likes 17.. If it doesn't hit there, then I will just put another 100 on the table and ask for more chips. Always good to have cash in the pocket.

GSA expires, DIP loses exclusivity (which I think the court wants anyway) competing POR's next year and we see a different approach when it comes to Equity stake in this BK..

OK I'm on the Limb. Will it break off and I fall hard to the ground or do I party with my Limb friends on Friday.. I guess we will find out by Friday...If we need to call in the ambulance for my broken leg and arm, hopefully not neck, I am already paralyzed !!!! LOL

Here's to Tree Living for Now! It weird being this far above the ground and balancing my wheelchair on the deck.. Thank God Large green put some plywood on the limb for me...Damn it's starting to snow!

~Don~
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EXDIMER

12/27/10 2:48 PM

#266394 RE: WithCatz #266353

Catz- have you thought about why the judge left 2 days after the notice date? Why would she suggest an extension per the contract, they most certainly would have extended anyway prior to the end of the month? It seems potentially negative for Commons that she would ask for the extension in the first place, and even more so that she leaves two days to rule if they don't. Could she be trying to use all the time available prior to the expiration of the GSA, to encourage more settlement discussion, or even just to improve the cosmetics of her decision by making sure to spend what could be the last time available prior to approving the POR? I know it is heretical to be negative even in the slightest way here, but her actions are hard to explain in a positive way unless it was simply to take off for Christmas and New Years holidays.