Would you join a company in a 363 process without even knowing who the new owner would be, or if you could compete on emergence, or if you could emerge in a commercially viable way? Where are these amazing industry turning executives that are willing to take market comp for way above market risk for their career? Where are these self sacrificing martyrs?
Would you have joined RIMM versus Apple in 2013 at the same (or likely lower) level of compensation? If no, then why would someone want to be part of a BK turnaround.
If you interview with us for 4 hours and get a job offer with a $12K signing bonus and a requirement that it's paid back pro-rated if you leave within 12 months, are you being paid that $12K for the 4 hours of interviewing, out of the goodness of our heart, or $1K/month for each of the next 12 months of work?
At best executives get leverage in their job search and a fallback option should their job search fail to find better options. So, it’s not even an effective means to maintain someone actually talented.
Handing out bonuses for retention is simply looting the company rather than being part of any efficient long term strategy.