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Dispute concerns whether a settlement resolution applicant (SRA) qualified as a related party and thus was ineligible to submit a resolution plan. The tribunal noted the alleged transaction rested on a non-binding term sheet and no definitive contract or allotment of shares occurred, meaning the factual elements underpinning related party attribution were absent, yet the SRA was treated as a related party. The adjudicating authority previously considered and rejected the ineligibility challenge, rendering that determination final and permitting approval of the resolution plan; accordingly the appellate challenge to that approval was dismissed.
Dispute concerns whether a settlement resolution applicant (SRA) qualified as a related party and thus was ineligible to submit a resolution plan. The tribunal noted the alleged transaction rested on a non-binding term sheet and no definitive contract or allotment of shares occurred, meaning the factual elements underpinning related party attribution were absent, yet the SRA was treated as a related party. The adjudicating authority previously considered and rejected the ineligibility challenge, rendering that determination final and permitting approval of the resolution plan; accordingly the appellate challenge to that approval was dismissed.
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