Originally Posted by senatorgirth
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.

Isn't this "right of refusal" tied to an equity ownership that CO has in NW? If that is the case if equity is slahsed to ZERO by the courts wouldn't the underlying terms also be axed?