I found this on www.a1k.org:

The admin "aPEX" wrote:

Quote:

Hallo, mich erreichten dieses Wochenende hochbrisante neue Beweise gegen AInc.. Folgendes FAX von Gary Hare zeigt das AInc. 2003/2004 so bankrott war, das sie nicht mal ihre eigene Abwicklung zahlen konnten. Schickt das Dokument an Hyperion, an andere Foren, helft es weiter öffentlich zu machen, denn AInc. hat es vor Gericht NICHT eingereicht.

www.orderathome.de/amiga/20040908garry_hare_fax.tif

a somewhat poor translation of mine:

Hallo,
at this weekend new high-exlosive evidences against AInc. have had reached me. The following FAX from Garry Hare shows, that AInc. 2003/2004 was so highly insolvent, that at that time they even were unable the pay their own insolvency proceedings. Please spreed this document to Hyperion and other forums. Please help to make it public, because AInc. DON'T have had added it to it's court documents (as they brought charges against Hyperion - remark of the translator).

I've taken the efforts to rework the FAX into a more readable state:

@alfa

That tiff image has multiple pages btw..

And it's signed, that's always nice

Last edited by BinoX on 27-Aug-2007 at 05:31 PM.

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Even though the legality of the insolvency clause is also questioned, hopefully this could clear things up a bit!

@alfa

Here's a PDF to make things a little easier.

faxprint.pdf

Last edited by Etho on 27-Aug-2007 at 05:40 PM.

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@Etho

You beat me to it :) Was just gunna go do that :)

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@BinoX

Sorry about that. I thought it odd that the Tiff opened in fax viewer instead of Photoshop, so I figured I'd make a PDF.

Last edited by Etho on 27-Aug-2007 at 05:53 PM.

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@BinoX

Quote:

That tiff image has multiple pages btw..

Thanks a lot for the correction. I've overseen this ...

alfa

@quenthal

Quote:

quenthal wrote: Even though the legality of the insolvency clause is also questioned, hopefully this could clear things up a bit!

But from a standpoint of honor and fairness both agreed to it and this seems to make it even clearer than it was before that Amiga was insolvent.

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@fairlanefastback

Quote:

fairlanefastback wrote: @quenthal Quote: quenthal wrote: Even though the legality of the insolvency clause is also questioned, hopefully this could clear things up a bit! But from a standpoint of honor and fairness both agreed to it and this seems to make it even clearer than it was before that Amiga was insolvent.

So true, it is just that it feels like there is no honor and fairness left there..

Btw., how did the Amiga respond in the legal documents to that insolvency-case at all, or did they respond stating a) it is not legal-binding or b) "we were not insolvent"? I think it is the case b, because the NY -case. This would signal that these documents could very well be use for Hyperion.

@quenthal

And how do these documents reach Hyperion resp. its Lawyer?

@Reth

Via forums?

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@quenthal


Quote:

So true, it is just that it feels like there is no honor and fairness left there.. Btw., how did the Amiga respond in the legal documents to that insolvency-case at all, or did they respond stating a) it is not legal-binding or b) "we were not insolvent"? I think it is the case b, because the NY -case. This would signal that these documents could very well be use for Hyperion.

My recollection is they so far have responded saying they were never insolvent.

I just wish that both sides would settle.

Last edited by fairlanefastback on 27-Aug-2007 at 07:56 PM.
Last edited by fairlanefastback on 27-Aug-2007 at 07:56 PM.

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@tomazkid

Quote:

tomazkid wrote: @Reth Via forums?

Lol. Well if Rich Woods hasn't already mailed them off to the adress in all the court docs I am sure someone else will shortly. I would suppose that they'd need some independant verification though. Would this possibly mean they'd need to involve Garry I wonder?

Edit: Thinking about it I suppose the Notary just as easily could be a source of verification?

Last edited by fairlanefastback on 27-Aug-2007 at 08:20 PM.
Last edited by fairlanefastback on 27-Aug-2007 at 08:03 PM.
Last edited by fairlanefastback on 27-Aug-2007 at 08:00 PM.

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@fairlanefastback

Quote:

My recollection is they so far have responded saying they were never insolvent.

Apparently they were soo incredibly insolvent that they could not afford to be declared so. This doc mentions they could not afford to declare bankruptcy, and that they were foreclosed upon. That sounds pretty insolvent to me, but the term wasn't defined in the original agreement with Hyperion which may be Amiga's loophole to get out of that. We'll have to wait and see if they're successful, but this doc does seem to indicate they were insolvent in a common-sense way.

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@quenthal

Quote:

quenthal wrote: Even though the legality of the insolvency clause is also questioned, hopefully this could clear things up a bit!

I'm not sure how it clears up anything, as far as I can tell it all occurs after the sale to Itec and the Hyperion-Itec agreement, at which point the entire AI is/isnt insolvent becomes a moot point, even if it were legal under US Law.
-Tig

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@Tigger

Quote:

Tigger wrote: @quenthal Quote: quenthal wrote: Even though the legality of the insolvency clause is also questioned, hopefully this could clear things up a bit! I'm not sure how it clears up anything, as far as I can tell it all occurs after the sale to Itec and the Hyperion-Itec agreement, at which point the entire AI is/isnt insolvent becomes a moot point, even if it were legal under US Law. -Tig

Well, if that is the case you are probably correct.

Interesting !!!!!!

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@billt

Quote:

...but this doc does seem to indicate they were insolvent in a common-sense way.

It shows more things apart from what you say: in clause nr.5, contract assigns all revenues from Amiga/Hyperion/Eyetech agreement to KMOS, and in nr.6 it says Amiga has full power and authority to enter in the agreement, and IIRC both Hyperion and Eyetech should have been notified of any change in their agreement with Amiga and approved it (and the change of one of the parts it's a big change), so that agreement between Amiga Inc. and KMOS could be declared as invalid.

Saluditos,

Ferrán.

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@Ferry

Does this new document mean that some "Amiga" patents and trademarks could be vacant ?

@alfa / thread

at this weekend new high-exlosive evidences against AInc. have had reached me. The following FAX from Garry Hare shows, that AInc. 2003/2004 was so highly insolvent, that at that time they even were unable the pay their own insolvency proceedings. Please spreed this document to Hyperion and other forums. Please help to make it public, because AInc. DON'T have had added it to it's court documents (as they brought charges against Hyperion - remark of the translator).

How did he get this ? If this is indeed from Garry, why was it not send to Hyperion first ? Any proof the fax is authentic ? What good is it to forward it to public forums ? I'm sure if this fax is real and useable then Hyperion would have used it by now.

Last edited by Seer on 28-Aug-2007 at 10:22 AM.

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