* The court may consider Grace asbestos claims made after Sealed Air's acquisition of Cryovac, to assess Grace's solvency at the time of the sale.
* Grace's asbestos may have injured so many people as to make the company insolvent on the transaction date.
* Grace's asbestos claimants should not be burdened if the company failed to accurately calculate its actual asbestos liability. That burden falls upon Sealed Air.
* If the court finds that Grace was insolvent in 1998 and did not receive adequate value for Cryovac, Cryovac's assets could be transferred to creditors and asbestos claimants, or the court could force a settlement.