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Agenda for Friday's Hearing, 2 Orders & an Appearance by York - UPDATED: Transcript and Time Change
Wednesday, November 14 2007 @ 01:02 PM EST

There are a few new filings: first, the agenda for Friday's hearing [PDF] has been posted. Update: There has been a change in the agenda [PDF]. NOTE: The hearing starts at 2 PM on Friday.

Scott McNutt has filed a Notice of Appearance [PDF] on behalf of York Capital Management. So they are in. Just in time for Friday's hearing. After reading the US Trustee's objection to the asset sale as proposed, I'd say they have some 'splainin' to do.

And there is also a refinement of my understanding about Novell's motion to get SCO to pay undisputed future royalties. It turns out, reading the Order [PDF] just posted, that what Judge Kevin Gross did was deny Novell's motion *without prejudice* to renew at any time. So, because SCO was not yet in arrears, he denied that motion, but if they go in to arrears down the road, the motion comes to life if Novell wishes to renew. That doesn't solve the real question in my mind as to how fast they have to pay, which the Order doesn't even mention, but we'll get the answer to that mystery when the transcript of the hearing is made available. Update 2: And here it is, the transcript [PDF].

And finally we have the Order [PDF] staying the Swiss arbitration.

So, what's on the schedule for Friday's hearing?

What's on for Friday for certain?:

1. The application to hire the CFO from the temp agency. The US Trustee opposes.

2. SCO's "emergency" motion to sell its assets. Opposed by Novell, IBM and the US Trustee.

What's not?

There are two matters that are in discussions, and if the US Trustee's issues can be addressed and resolved informally, then revised orders will be drawn up and that will be that. If not, they get added to the agenda for the hearing scheduled for December 5. Here are the two:

1. First, SCO's application to hire Dorsey & Whitney is in limbo. There is at least one issue the US Trustee has brought up informally, and they are trying to work it out. If they succeed, a new order will be drawn up. If they don't work it out, it will be added to the agenda for the hearing on December 5.

2. The application to hire Boies Schiller. The US Trustee formally objected. They are trying to work this one out too, and if not it gets bumped to December 5th also.


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