"If you notice they keep pushing the negotiations with uniti back. What impact will that play where they are trying to change it to an investment instead of a lease?"
Also worth noting that Windstream management also originally requested their "exclusivity period" run longer (another 3 months) than what Judge Drain subsequently allowed them.
The exclusivity period refers to the time during which Windstream management runs the company as "debtor-in-possession" and has the exclusive rights to submit its own plan of reorganization before any other entity can submit a competing plan for consideration by the various groups of creditors.
So a cynic would say this is management trying to force an extension later in the process.
I think, though, that the creditors would object if they didn't see benefit to themselves.
Uniti supposedly has a strong position, legally. But there are always the uncertainties of litigation (prime example: the Aurelius lawsuit). From what I read on the internet (not the most reliable source but it's all I've got), there are so many technical issues and contradictions in the legal record now that anything could happen.
These Windstream uncertainties are weighing on Uniti's stock price, credit rating and ability to do any other deals that would reduce its dependence on Windstream. A big loss in Judge Drain's courtroom might set off a chain of events leading to a Uniti bankruptcy soon after.
So drawing this out may be Windstream and its creditors' only leverage.
For now, Windstream is stuck making big lease payments to Uniti. An immediate big settlement would stop the bleeding for Windstream's creditors. So why not push for a trial now? The delaying strategy suggests management and the creditors don't see much chance for a big settlement which tends to confirm the theory that odds are in Uniti's favor.