Boeing currently has the rights to produce Little Birds for military use. This right was part of the settlement agreement between MD and Boeing from the carry back financing. Boeing does not need MD to use the intellectual property.
When MD was in trouble last time, the expectation was that it would run through a bankruptcy to clean up the balance sheet and supplier relationships. Out of this bankruptcy would be a 363 sale with many bidders to include Carlyle group, Sikorsky and several others. Ms. Tilton, chose to skip the bankruptcy and took on the entire financial responsibility most likely to mitigate the risk of not getting the assets in a Bankruptcy auction. Give her credit for taking the gamble, but it would appear that after stuffing a lot of money into the operations, it has not been able to flourish enough to support the capital structure.
Although they have delivered a few ships, it is unlikely that the market will continue to support pricing of 1.585 million for F models and 1.250 million for E models. I sold mine in April 2008 and hope to buy back at much lower prices.