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alfa
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A new unpublished document Posted on 27-Aug-2007 16:55:06
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| 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.
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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:
AGREEMENT ON ACQUISITION OF SOFTWARE, CONTENT, CORPORATE NAME AND BRAND, LOGO, TRADEMARKS, DOMAINNAMES, PATENT RIGHTS AND OTHER INTELECTUAL PROPERTY("AGREEMENT") AUGUST 30, 2004
This Agreement is made on the 30th day of August 2004 by and between KMOS Inc. a Delaware corporation ("KMOS") with its address at 225 Foster Avenue Kentfield, CA 94904 and Amiga Inc., a Washington corporation ("Amiga") with its address at 24403 256th Avenue SE, P.O Box 887, Ravensdale, WA 98051.
Recitals
A. Amiga is in default of a Loan Facility Agreement between it and Itec LLC dated May 11. 2003 and a related Security Agreement between the same parties dated July 3. 2003.
B. KMOS, Inc. has subsequently acquired all right, title and interest of Itec LLC under said Loan Facility Agreement and Security Agreement, as a result of which KMOS now has the right and to foreclose on all intellectual property of Amiga pursuant to said Loan Facility Agreement and Security Agreement.
C. Amiga has been unable to obtain funding to continue the business of Amiga, and Amiga at present has no money to meet its obligations or to pay for additional legal expenses, including legal expenses of bankruptcy.
D. KMOS and Amiga, have agreed to resolve the issue of Amiga default, as hereinafter set forth, in a manner that is fair to other secure and senior creditors of Amiga including the employees of Amiga.
Agreement
1. Assignment of Assets. For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Amiga hereby transfers and assigns to KMOS all of Amiga's right, title and interest in the following assets: (a) all rights to and revenue accruing to the intellectual property of Amiga Inc., including but not limited to a]] software, applications and services for the Amiga Operating System versions 1.0 through and including version 4.0. as well as AmigaDE products and services, including the Amiga Anywhere Content Engine (AACE). Amiga Anywhere and associated services within the DE family of products (listed in Schedule I);
Unfortunately this is only the first sheet, but it says enough ...
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BinoX
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Re: A new unpublished document Posted on 27-Aug-2007 17:30:16
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| @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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quenthal
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Re: A new unpublished document Posted on 27-Aug-2007 17:37:39
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| Even though the legality of the insolvency clause is also questioned, hopefully this could clear things up a bit! |
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Etho
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Re: A new unpublished document Posted on 27-Aug-2007 17:38:52
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| @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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BinoX
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Re: A new unpublished document Posted on 27-Aug-2007 17:45:45
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| @Etho
You beat me to it :) Was just gunna go do that :) _________________ Back to action! |
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Etho
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Re: A new unpublished document Posted on 27-Aug-2007 17:53:11
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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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alfa
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Re: A new unpublished document Posted on 27-Aug-2007 18:38:06
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| @BinoX
Quote:
That tiff image has multiple pages btw..
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Thanks a lot for the correction. I've overseen this ...
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fairlanefastback
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Re: A new unpublished document Posted on 27-Aug-2007 18:41:57
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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! |
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. _________________ Pegasos2 G3 running AOS 4.1 and MorphOS 2.0 Amikit user, tinkering with Icaros VM (AROS) EFIKA owner Amiga 1200 |
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quenthal
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Re: A new unpublished document Posted on 27-Aug-2007 19:26:48
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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. |
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Reth
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Re: A new unpublished document Posted on 27-Aug-2007 19:39:29
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| @quenthal
And how do these documents reach Hyperion resp. its Lawyer? |
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tomazkid
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Re: A new unpublished document Posted on 27-Aug-2007 19:40:57
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| @Reth
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fairlanefastback
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Re: A new unpublished document Posted on 27-Aug-2007 19:48:46
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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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fairlanefastback
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Re: A new unpublished document Posted on 27-Aug-2007 19:54:46
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| @tomazkid
Quote:
tomazkid wrote: @Reth
Via forums? ![](https://amigaworld.net/images/smilies/icon_wink.gif) |
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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billt
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Re: A new unpublished document Posted on 27-Aug-2007 20:19:36
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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._________________ All glory to the Hypnotoad! |
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Tigger
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Re: A new unpublished document Posted on 27-Aug-2007 20:21:16
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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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quenthal
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Re: A new unpublished document Posted on 27-Aug-2007 21:34:52
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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
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Well, if that is the case you are probably correct. |
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Spectre660
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Re: A new unpublished document Posted on 28-Aug-2007 0:16:39
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| Interesting !!!!!!
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Ferry
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Re: A new unpublished document Posted on 28-Aug-2007 1:32:28
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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.
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Zender
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Re: A new unpublished document Posted on 28-Aug-2007 8:57:53
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| @Ferry
Does this new document mean that some "Amiga" patents and trademarks could be vacant ?
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Seer
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Re: A new unpublished document Posted on 28-Aug-2007 9:46:56
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| @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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