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Kharybdis

12/07/11 10:57 AM

#130 RE: BKfinancier #128

The numbers from the MORs have been in line with my own expectations. There are some open issues the largest of which involves taxes from the sale and to what extent the NOLs are available to cover any gains from the sale. There is also apparently a nasty little dispute between the EC and Siemens and possibly even the Debtor over cure costs and lease rejection of the headquarters. The amount of money at issue is just a couple of million dollars but the way the event has unfolded has left me questioning the Debtor's "Business Judgment" because the issue probably could have been avoided for less than $300k and Siemens doesn't care because they aren't having to pick up the tab and they get to continue using the facility.

We should be seeing a liquidating plan in the next 4 to 5 weeks which will tell us a lot more on the value.