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IBM subpoenas unXis

Jul 08, 2009, 17:32 (0 Talkback[s])

"There is a deposition set for July 15th, and the topics will be things like who are you and why are you buying a company with SCO's financial history? Well, they phrase it differently. They also want to see all the documents about the proposed sale, and they'd like to know about any valuation of SCO's assets that unXis has done. Hardy har.

"Here's another topic: "Debtors' efforts toward, and prospects for, rehabilitation." I love IBM's understated sense of humor. I gather they are having some doubts about SCO's ability to sell off all its assets of any value to unXis while retaining all the liabilities associated with SCO's litigation and still pay IBM when IBM crushes them like a bug in Utah. How can SCO stay afloat if all the assets leave the country, so to speak?

"Let's put it more like IBM: IBM would like reassurance as to SCO's ability to exit Chapter 11 and remain a viable business thereafter. We've seen the proposed sale, but where is the plan? And what exactly is the role of Mr. Norris? Where does he fit in, not on paper but in real life?

"Keep in mind that page 2 of the subpoena is boilerplate. IBM begins to speak in Schedule A. You can see that if you open the PDF and compare, as it's more obvious in the typefaces used in the form."

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