Bopfan contraataca :)
People here have been so traumatized by the disappointments of the past 31 months that even when things have drastically improved for equity skepticism and fear prevent them from seeing the radically improved circumstances.
It is impossible for me to overstate the importance of Nate Thoma's contribution. Through his brilliant analysis (the court could not conceal her admiration for him, and the EC must have noticed this as well) and presentation he gave the EC the weapon that will, I contend, be the critical factor in this case: the inducement for the SNs to lay down their weapons and agree to share the spoils with equity.
When you want someone to do something, you can offer him (1) an inducement (i.e., financial gain) or (2) pain. (Indeed, many aspects of our legal system are designed with this fact in mind and they tend to work rather well.) In the case of the SNs, it's the latter and my theory that they will settle with the EC is based on the premise that the possibility of criminal prosecution (i.e., pain) will force them to compromise. (For the upteenth time, their respective criminal counsel are running the show and will NOT allow them to be deposed; their bankruptcy lawyers are only involved to effect the best settlement possible.)
Unless you believe they have NO fear of prosecution (i.e., that no one could consider illegal their purchases of $2.2B in securities after they received material, non-public information that would indicate those securities would increase in value) you understand that the SNs will settle with the EC to minimize their risk of criminal consequences.
The postponed depositions support the foregoing, and by early next week (the depositions are scheduled to commence Wednesday) we should know whether I'm right in asserting that the depositions will never take place.
If a settlement is in the works (and I expect so as I don't believe the EC will grant any more postponements) we may receive notice as early as next Monday, the date of the next Omnibus. In any event, we won't have long to wait.