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SCO and IBM Stipulate on Going Forward with Utah Litigation -- It's Game On ~ pj

Feb 19, 2012, 06:00 (5 Talkback[s])


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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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