In the letter of Q&A, Susman Co had said that "with the GSA" (paraphrased) this is the best we can do. I think that a great hint to us that Susman will be watching TPS' Appeal and if it make court hearing before this POR is confirmed, Susman the great litigator would be much much happier since litigation is their forte and the JPM/FDIC plus Anico piggy back is all waiting as soon as GSA is broken down. Now that Rosie had said JPM did not buy WMB; they really have no claim to anything in the BK case without the GSA. EC took the position to guarantee something while watching future development.
If TPS unseccessful, at least we are not going to be empty handed. That's risk free thinking, no, I do not believe Susman had sold us out. Smart lawyers doing smart things: we get something regardless of what happened to the Appeal.