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SCO Files a Proposed APA with York - Updated - Hearing Minutes
Friday, November 16 2007 @ 02:59 PM EST

As you know, in the filed objections to the proposed sale of SCO's assets to York [PDF], one main sticking point was that there was no APA, just a Term Sheet [PDF], so no one could figure out exactly what SCO was trying to sell. Well, the SCO side cobbled one together now, just in time for today's hearing without much notice to anyone who might not like the terms, and here it is, the proposed APA [PDF]. Here's the Notice [PDF] that was filed with it. It references schedules and exhibits, but I don't see any such. I'd say someone besides SCO reeeeally wants this deal to happen. Fast. No peeking. Don't think. Just do it. Here are the objections again:

No word from the hearing yet. I sure hope some of the guys made it. This Notice filing says the hearing was today at 4, but the time was changed to 2 PM, so presumably they are in the thick of it right now.

Update: The minutes from the hearing are now posted:

217 - Filed & Entered: 11/16/2007
Certificate of Service
Docket Text: Certificate of Service (and Service List) Regarding Notice of Filing of Asset Purchase Agreement Between the Debtors and York Capital Management (related document(s)[215] ) Filed by The SCO Group, Inc.. (Werkheiser, Rachel)

218 - Filed & Entered: 11/16/2007
Minute Entry
Docket Text: Minutes of Hearing held on: 11/16/2007 Subject: Bidding Procedures (cont'd from 11/6). (vCal Hearing ID (61134)). (related document(s) [208]) (SS, ) Additional attachment(s) added on 11/16/2007 (SS, ).

I see from the attached signin sheet that David Marriott was there. If you compare the numbers listed with the agenda [PDF] I see that Dorsey and Whitney's motion was OK'd, ditto Boies Schiller under certification of counsel, and the other two biggies are held over until the next hearing on Dec. 5. Those two are the proposed sale and the CFO issue. So, now we know. One thing is certain. SCO's attempt to rush this sale through didn't fly.

[End update]

Here's everything else filed today on PACER:

212 - Filed & Entered: 11/16/2007
Motion to Appear pro hac vice (B)
Docket Text: Motion to Appear pro hac vice of Jeffrey W. Levitan of Proskauer Rose LLP. Receipt Number 149601, Filed by York Capital Management. (Rosner, Frederick)

213 - Filed & Entered: 11/16/2007
Certificate of No Objection
Docket Text: Certificate of No Objection (No Order Required) Regarding First Interim Application of Berger Singerman, P.A. for Compensation for Services and Reimbursement of Expenses, as Co-Counsel to the Debtors in Possession for the Period from September 14, 2007 through September 30, 2007 (related document(s)[163] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

214 - Filed & Entered: 11/16/2007
Declaration in Support
Docket Text: Supplemental Declaration in Support of Dorsey & Whitney, LLP, as Proposed Special Counsel for the Debtors, Nunc Pro Tunc to the Petition Date (related document(s)[110] ) Filed by The SCO Group, Inc.. (Schnabel, Eric)

215 - Filed & Entered: 11/16/2007
Notice of Service
Docket Text: Notice of Service of Asset Purchase Agreement Between the Debtors and York Capital Management (related document(s)[149] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Exhibit A) (O'Neill, James)

216 - Filed & Entered: 11/16/2007
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service (and Service List) Regarding Supplemental Declaration of Nolan S. Taylor, on Behalf of Dorsey & Whitney, LLP, as Proposed Special Counsel for the Debtors, Nunc Pro Tunc to the Petition Date (related document(s)[214] ) Filed by The SCO Group, Inc.. (O'Neill, James)


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