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Dear Judge Gross - A Letter from SCO - Updated 3Xs: IBM Responds and Novell too and SCO Files Amendments to 1995 APA

By Pamela Jones et al.

SCO has sent a letter to Judge Gross, in which it agrees to an auction and the appointment of someone to oversee the auction:

07/31/2009 - 878 - Letter to the Honorable Kevin Gross Filed by The SCO Group, Inc.. (O'Neill, James) (Entered: 07/31/2009)

They also say they will accept "the involvement of an examiner under 11 USC section 1104 to advise the Debtors' board and to report to the Court on the sale process and the outcome of any auction." They suggest this is harmonious with comments made at the hearing in closing arguments, but if that were so, why a letter? Because, I suspect, they worry it didn't go so well at the hearing.

They also say this should alleviate concerns, but I have a few left. Like, what exactly are they selling? Novell's assets again? Where's the rehab plan after the sale? Who pays IBM and Novell? What about the poison pill? The last-minute Amendment that no one had time to consider at the last hearing? Who's in charge? And some of us remember a very odd auction in Florida.

Full post as published by Groklaw on July 31, 2009 (boomark / email).