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" ... To reach this conclusion, the court first analyzed the parties' rights and obligations during the sublease term for each transaction. In doing so, it concluded that Exelon “did not face any significant risks indicative of genuine ownership” during that period. In particular, the court found that the transactions' “circular flow of money” precluded Exelon from having any real investment in the plants, despite using its own funds (as opposed to borrowed funds in a traditional SILO) to finance the headlease payments. In addition, the court found that each sublease allocated all costs and risks associated with the plants to the sublessees, and that each transaction's defeasance structure left Exelon able to “fully recover its investment” in the unlikely event of either a lessee bankruptcy or an early termination of the sublease. ... "