“
The automatic stay imposed under section 362 of the Bankruptcy
Code is modified to permit IBM (a) to defend the Utah Action and
prosecute its Counterclaims against SCO and (b) to offset any
judgment against it against any claim it may have against SCO;
however, (i) the effect of clause (b) of this paragraph is limited
solely to relief from the automatic stay; SCO shall preserve any
and all defenses to setoff of any such claims that it may have, and
all of IBM?s claims to a right of setoff shall be preserved, and
(ii) IBM shall not seek to enforce against SCO any judgment
obtained in the Utah Action, except as provided in this
Stipulation….
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