Subject to Court approval, I think both parties have made legally binding commitments.

If u turn that around,

Both parties have made legally binding agreements, subject to court approval.

These agreements are Managements best proposal to finance arbitration?

I still think that the Judge can consider any rebuttal offers that are more cost effective. I do not want to see nod nod, wink wink, and a rubber stamp. I also agree with those who think that the proposed 10% board payoff is too high.

The note holders may well be in cahoots with Kry and Tenor on the splitting of the prize. Imo, it is just as likely that they have been waiting silently for the official terms of the proposed DIP to be announced, maybe they can now formulate a counter offer.

This investment has been one disappointment upon another, would be nice if there was some justice/fairness out there somewhere at the end.