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IBM and Novell File Objections to SCO's unXis Sale - And how!

By Pamela Jones et al.

Here you go, the IBM and Novell objections you have been turning blue waiting for:

07/20/2009 - 851 Objection/Opposition to the Debtors' Motion for Authority to Sell (related document(s) 815 ) Filed by Novell, Inc. (Attachments: # 1 Exhibit) (Greecher, Sean) (Entered: 07/20/2009)

07/20/2009 - 852 - Objection of International Business Machines Corporation In Response to Debtors Motion for Authority to Sell Property Outside the Ordinary Course of Business Free and Clear of Interests and For Approval of Assumption and Assignment of Executory Contracts and Unexpired Leases In Conjunction with Sale (related document(s) 815 ) Filed by IBM Corp. (Attachments: # 1 Certificate of Service) (McNeill, R. Stephen) (Entered: 07/20/2009)

We'll read them together.

Update: Wow. IBM details some things that lead it to believe this proposed deal is no more real than the last ones, and it reports that from its discovery, not yet completed, it has learned, among other things:

12. CEO Darl McBride's Payments to Stephen Norris. It appears that the Debtors' CEO Darl McBride made payments from his own personal funds to or for the benefit of Stephen Norris, apparently in connection with the pending sale and prior, unsuccessful attempts to obtain a buyer for the Debtors' assets. According to Mr. McBride's deposition testimony, he made the payment or payments through Mark Robbins, whom he knew socially and who said he would "backstop", through his company AIP, any deal with Mr. Norris.... Mr. McBride claimed he loaned Mr. Robbins $300,000, $100,000 of which went to Mr. Norris.... McBride insisted this was a loan to Mr. Robbins and not a payment to Mr. Norris related to the Debtors, but he produced no documentation supporting the claim that it was a loan or otherwise reflecting the transaction.

Pretty sad if you have to buy a buyer. But there's more....

Full post as published by Groklaw on July 20, 2009 (boomark / email).