The court should rule on the Threshold Motion soon (before May 9th?). I expect the court to dismiss. I expect the variance motion to be heard later this year and even though I expect it to fail there is a chance it won't (and therefore needs to be heard). However, in the threshold motion (Fung's affidavit) is an implied threat that the DIP lender (and the company!) will take other actions to disadvantage the "complainers". Always interesting when the CEO and chairman threatens shareholders.

As expected the costs of all of this will reduce any money left over for shareholders and incur delays.