In conjunction with its reorganization, the Company is actively negotiating a debtor-in-possession (DIP) financing from several interested parties. On Court approval, the new financing and cash generated from the Company's ongoing operations will be used to support the business during the reorganization process.
Several Interested Parties, Horizon will get paid and end of story
Thanks Renee, restating :"Cereplast agreed in writing to not use any proceeding including insolvency (ie., any Chapter of BK) to interfere with the seizure and sale of their assets...." makes the contract language quite clear. So if CERP gave up all recourse legally your suggested option 2 of them having found some money would seemingly be the only play. When CERP signed away it's soul did it include the type of circumstance addressed and including the legal claims against M/H CERP has made back in May. Or put another way, what acts of God or law would supercede that Horizon contract?.