Think of litigation of this sort as a negotiating tool. There's one pie to divide up between the shareholders and the noteholders. The decision affects the division.

And I have never seen a case like this decided against the management of a company because the business judgment rule keeps judges from making business decisions. There is no evidence that there is any change in control, period. That is what the court will decide. Then the deal will be worked out, and we get a bigger slice than we would have gotten otherwise.