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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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fairlanefastback wrote:
Much of the defense's case rest on them saying that Amiga Delaware's payments hold no meaning because Amiga Washington hid their insolvency from them from their POV and that Amiga Delaware should not even have a right to bring this action.
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Hyperion has known about the insolvency since before the KMOS agreement, Evert and Ben both made statements on it in late 2003 and early 2004 during the Thendic-Amiga trial. It is ludicrous to say that they had no idea Bill McEwen has said that, when everyone knew he said that as of August of 2003 when it became public knowledge and the officers at Hyperion were part of the defense of AI in the lawsuit, they had seen McEwens statement.
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So they are not going to start acting like Amiga Delaware is a proper successor at this point in the game.
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But notice they also arent sending Itec back its money, or KMOS back its money. If Hyperion believed Itec wasnt the successor, they shouldnt have signed the contract, if they believed at a later time that they didnt have successor rights, they should have sent back the money. They just kept hanging on to the money, saying you havent quite paid the 25K yet, you owe just a little more while squeezing an additional 15K or so out of AI. Now they say, well either you arent the successor or you didnt pay on time, but still havent written that check back to AI to give them the money they paid and Hyperion has had for over 4 years now. If we believe Hyperion they've been taking money for 4 years from AI, for something they have no interest in selling and AI has no right to buy, but Hyperion still hasnt written a check back to them and in fact had AI pay them $7200 in October of 2006 a and $8850 in December of 2006 as part of the buyback. Why exactly was Hyperion asking for more money for the buyback in 2006 if the time had lapsed or AI Delaware wasnt a successor company? -Tig_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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