The survivorship of the common shares and or the Preferreds have far more to do with the NOl's then anything threatening that equity might try and sue for. Looking at how the case has transpired over the last 2 years is telling, imo. To think that equity is in a position of strength from hearsay and lacking evidence circustantial or not is wishful. That hand has been played. The market strength from the two years previous has more to do in the help of allowing any possibility of equity in maintaining a foot in the door, so to speak. Valuations have risen enough to re-examine the metrics of dicing the apple with leverage. The NOLs are more attractive now than ever.
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