AMC and the Bankruptcy Litigation - Is AMC So Desperate for Financing Right Now That They Can't Issue Preferential Chairs?

A skeptic would say AMC is so desperate for financing right now that they could just go have the vote and then start issuing preferred chairs while waiting on the lawsuit to play out but even that like strikes me as hey i'm not sure if i've read all the contracts right because AMC at this point is a very very convoluted company. If they went and issued chairs between March 14th and April 27th with this lawsuit out there and then the lawsuit won or lost or whatever it was  i don't think maybe they don't care because they're bankrupt but i would think they would have some trouble.