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IBM subpoenas unXis

By Pamela Jones et al.

IBM may have run out of patience with all the mystery about SCO's proposed sale of assets to unXis. . So it has subpoenaed unXis:

07/07/2009 - 829 - Subpoena directed to unXis, Inc.. Filed by IBM Corp.. (Silverstein, Laurie) (Entered: 07/07/2009)

We have it as text for you.

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?

Full post as published by Groklaw on July 08, 2009 (boomark / email).