I'm no lawyer, but my understanding of bankruptcy reorganization is that the court is given very broad latitude in facilitating the restructuring plan. I would not be at all surprised, therefore, to learn that a bankruptcy judge could easily scuttle that provision as part of a reemergence plan, especially if the first-refusal agreement posed some antitrust problems (which, in a shrinking industry, it may increasingly do). Is there a lawyer around with bankruptcy knowledge who could weigh in on this query? Sorry, BTW, this is not billable.