CompuServe Messages

Auction Confusion

    20-Apr-95 17:55:03
Sb: Auction Confusion
Fm: Andrew Farrell 74431,1224
To: ALL
According to Jason Compton, of AMReport, the following objections were filed and will be ruled on Friday morning, starting at 10.00am:- : #1: The trustees of Commodore's various manufacturing companies Actually, this is the party known as the "Netherlands Trustees", who hold Commodore BV, Commodore Philippines BV, Commodore Manufacturing Contractor BV, and >Commodore UK<. They object to the terms of the sale that allow the assets of their companies to be transferred to the bidder in the Commodore International sale. In other words, they want to keep the Philippines assets and Commodore UK to themselves. They also have some problems with how the C= International liquidator has behaved and the requirements the sale has on Commodore subsidiaries. : #2: (Limited objection) The creditors of Commodore Business Machines, : Inc. (US) They object to the terms that specify what the liquidator will do with the funds received: as it stands now, they feel that only the $1.75 M specified to be held in the US will ever get to them in any fraction, while the rest will be used by the C= International liquidator to pay his bills, etc. In looking over the details, they have a point… They do not object to the sale itself, just the destination of the proceeds. : #3: International Business Machines Corp. On July 1, 1991, IBM and Commodore signed a rather broad-based agreement licensing their patents out to each other. Not all of them, but quite a few. Commodore's license from IBM ran out in 1993, when they stopped paying the bills. IBM's, so they claim, is paid in full. As such, they object to the sale of the patents they hold license to without their permission. They were NOT listed as licensees of Commodore patents in the sale papers-something they point out. IBM claims that their license cannot be dissolved by a liquidation sale. What does this mean? Hope and pray that these get thrown out. In my interpretation, #2 does not pose a direct threat to the transfer of Commodore's assets to a successful bidder. However, #1 and #3 quite clearly cause problems for the completion of the sale. – JC Jason Compton jcompton@xnet.com Editor-in-Chief, Amiga Report Magazine (708) 741-0689 FAX What I would like to know is what the hell happened to Commodore U.K. and CEI assured bids to beat ESCOM? Have the done a deal with ESCOM already to save $$$? Will ESCOM license the technology to them? (They don't seem interested in making Amigas from all reports to date.) Confused, Andrew Farrell Editor, Australian Amiga Review