I am informed and believe, that the legacy DK-Butterfly 401(k) plan's assets and benefits were transitioned to the Trustee on 22SEPT2023 by Alix Partners. In addition, I am informed and believe that one year later, in September 2024, the 401(k) plan's assets were distributed and the 401(k) plan was terminated by someone other than The PlanMan, as he was also informed and believed, which is what I believe, as I informed myself.

🤣🫣

..sometimes it is fun, after reading about CFC, FSHCO, HOLDCO, and Pari passu and stumbling across this post from last year. Says it right there in Doc 44 what the intention was for the Hudson Bay transactions that began in Feb of 2023. Even though a really regarded entity didn't have control, in the legal sense of the word, they actually did. Just an observation: Somebody left the gate open at the funny farm last night, judging by the trending "bbbyq" and they were coming out and attacking @jake2b like flies on a rib roast. I'm still undecided how many are pretending to be morons, and how many really are Bona Fide Morons. 😂

Just a thought... The Goldberg/Hunter vs. HBC Appeals case could be more important than just a run of the mill Appeal. And it is all because of the screen print below from Doc 44 filed in the dismissed (w/prejudice) Case 1:24-cv-03370-MKV that makes this statement: ======= "...Clearly, the Blockers were a term of this “hard-fought” deal. Indeed, the Blockers benefited BBBY by, among other things, limiting Hudson Bay’s ability to obtain a control position, which helped to ensure that change-of-control provisions constituting default under BBBY’s debt documents were not triggered. ...."Change in Control” constituted an event of default of BBBY’s credit agreement)." ======= Link to the dismissed HBC case: 24-03370 courtlistener.com/docket/684… So it would appear that the outcome of the PlanMan Hunter Appeal is (imo) a BIG deal. As Judge Mary Kay Vyskocil dismissed the Case (1:24-cv-03370-MKV) Doc 53 is the Judge's Opinion & Order Granting Motion to Dismiss. I don't see anything with regard to Change-of-Control in her Opinion filing, but it could reasonably acknowledge and support HBC's argument that a "Change-of-Control" did NOT take place. Depending on the outcome of the Appeals case, filed as 20230930-DK-Butterfly-1, Inc. v. HBC Investments LLC, 25-2728, (2d Cir.), if the Appeal is denied, all is good. If the Appeal is granted, then HBC 50% ownership change by any 5% or larger equity holder, could potentially qualify for Change-of-Control, and at a minimum, the Change-of-Control could be back on the table. Link to the Appeals case: 25-2728 courtlistener.com/docket/718… Great article by Gibbons Law below, or search up "Howe" on my timeline. Chris Howe is the attorney from Alvarez & Marsal, who was involved with this case, but he is also an industry expert on ownership change scenarios. I posted some excerpts of his videos over the last few years. Directly below is a link from Gibbons Law, discussing how a company evaluates, and determine if a Change-of-Control has taken place. Link to that article. gibbonslaw.com/resources/pub… Everyone should by now have a pretty good feel of the implications if HBC's ownership of BBBY shares "did" qualify as a Change-of-Control. It could negatively affect the usage of the acquired Tax Attributes per the requirements of a 382(l)(5) (aka The HomeRun) election. Feb 2023 to March 2023, was the time period that HBC was buying, exercising, and selling shares. Both Kirkland & Ellis and Lazard, I am sure, fully vetted and determined from the First NOL Order, and subsequent filings, referencing Change-of-Control multiple upon multiple times after the Bed Bath, buybuy Baby, and Harmon brands were sold, knew that a change of control did not take place. After a while, I'll see if I can locate the specifics around that 3-Year LookBack period test for changes in ownership. Such as, is it three years to the day the test was performed, three years to the month, quarter, or even calendar year..? ...because I don't know. But I do know this, as Chris Howe explained on one of his videos that I posted, the election to select either the 382(l)(5) and 382(l)(6) exemption, is made at the point of filing a timely filed Tax Return, which could be April 15th, or as late as October 15th if it qualifies for late filing. Either way.. Game-On..!!

re: Hudson Bay and the great conversation that it has started. Let's look back at the work Kirkland did, going to August 2023: Specifically the language. It's important that they denote a potential Section 16 reporting claim. Further down, we have a reporting issue. I believe that these could be the result of the combination of RC and HBC's holdings. From the cooperation/standstill, RC was allowed to increase his position to 19.99%. From the share buybacks, he was pushed from 9.8% to 11.8%. Now, if you look at HBC at 9.99% limit and RC at his purchase which concluded at 9.8% limit, you are under 19.99% with 19.97%. However, if you take RC's pushed 11.8%, you arrive at 21.79% ownership and are in violation of the standstill. Could this have been the move to establish "harm" and justify a future suit? Or to assist in a suit brought forward by Mr. Goldberg? I don't know. — Then we also have the fun topic of the new HBC 16(b). So let me pose a question.. What if the Section 16(b) is not the result of HBC going over 9.99% (they can't), but because the window of time from RC's sell on August 18 to HBC's entry on February 8 is less than 6 months? That is a violation, if they are related. This only applies if RC and HBC are related—if RC is an attribution party (affiliate) through the HBC deal, this is a violation of 16(b). Their combined ownership is greater than 10% and the time between the sale and the buy is less than 6 months. I wonder if that is why it is under seal? I also wonder, is that why JP Morgan was in such a rush on the weekend of February 4-5 to declare the Company insolvent and push it into Chapter 7, well before the grace period to repay the bond note had expired? fun times. 🥷 $BBBY #BBBY $BBBYQ #BBBYQ

Good thing @PSA is getting ready too... It has always been about scale. Who is the Grand Master at scaling a business category while growing smiles and grins & delighting customers..? You know who.😉 "Faster estimated turnaround times are anticipated as PSA announces plans to add two U.S.-based grading facilities by 2026. All ticket grading services are designated for a new outpost in Plano, Texas, while to the southeast, an expansive operation is underway in Boca Raton, Florida. Both locations intend to increase PSA’s grading capacity as demand continues to rise for trading cards, tickets, and other collectibles." The Plan has been in motion, long before most would ever believe. No question about that. The 🐶 is happy to just be along for the ride. 😊 psacard.com/articles/article…

The biggest difference between now and 2021? When PSA reopened back then, the hobby had cooled off. If the hobby is still this hot when value submissions return, the next wave of orders could be enormous.

Congrats @elonmusk @SpaceX

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