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SCO Bankruptcy Filings -- Is SCO Resurrecting the Name Caldera?
Thursday, November 06 2008 @ 05:10 PM EST

We need to take a quick break from the Bilski series because there are a number of filings in the SCO bankruptcy, including a notation in one filing that seems to indicate that SCO is considering resurrecting the name Caldera International. Take a look at this, Exhibit D [PDF], attached to Dorsey & Whitney's 9th monthly application for compensation. On page 9, we see two notations:
08/11/08 - D. Marx - 0.15 40.50 - Discuss foreign qualification issues of the Company's subsidiary, Caldera, with C. Peters

08/11/08 - C. Peters - 0.15 25.50 - E-mail correspondence with J. Bingham regarding Delaware reincorporation of Caldera International, Inc.

What are they up to now? Are they thinking of returning to that name? As in, never mind? Or is there a plan for a new subsidiary?

Update: Page 4 is interesting too. A notation references "notification of change of directorship of ME Software" on 8/19/08. On the 21st, you see emails "regarding change of directors". Then on page 10, there are some notations regarding China, including one that reads "Review and revise termination of joint venture agreement."

Hearing November 20th -- I see there is going to be a hearing [PDF] on the SCO Omnibus Objections on November 20, 2008 at 9:30 AM, so if you are involved in that, you'll want to make arrangement to be represented there, by phone, by attorney, or in person, as per the instructions in the document.

Here are all the filings:

592 - Filed: 10/27/2008
Entered: 11/03/2008
Response (B)
Docket Text: Response to Debtors' First Omnibus Objection to Claims (Non-Substantive) Pursuant to 11 U.S.C. Section 502(b) and Bankruptcy Rule 3007 (related document(s)[574]) Filed by Stan Magee (TAS)

593 - Filed & Entered: 11/04/2008
Certificate of No Objection
Docket Text: Certificate of No Objection (No Order Required) Regarding Thirteenth 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 1, 2008 Through September 30, 2008 (related document(s)[578]) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

594 - Filed: 10/28/2008
Entered: 11/05/2008
Response (B)
Docket Text: Response to Debtor's First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Eric Edward Johnson (TAS)

595 - Filed: 10/31/2008
Entered: 11/05/2008
Objection
Docket Text: Objection to First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Michael T. McKee (TAS)

596 - Filed: 11/04/2008
Entered: 11/05/2008
Objection
Docket Text: Objection to Debtor's First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Patricia Laver (TAS)

597 - Filed: 11/04/2008
Entered: 11/05/2008
Objection
Docket Text: Objection to Debtor's First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Garry Kidson (TAS)

598 - Filed & Entered: 11/06/2008
Notice of Submission of Proof of Claim
Docket Text: Notice of Submission of Proof of Claim /Notice of Submission of Proofs of Claim in Connection with the Debtors' First (Non-Substantive) Omnibus Objection to Claims Pursuant to 11 U.S.C. 502(b) and Bankruptcy Rule 3007 (related document(s)[574]) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

599 - Filed & Entered: 11/06/2008
Application for Compensation
Docket Text: Monthly Application for Compensation (Ninth) for the Period August 1, 2008 through September 30, 2008 Filed by Dorsey & Whitney LLP. Objections due by 11/26/2008. (Attachments: # (1) Exhibit A # (2) Exhibit B # (3) Exhibit C # (4) Exhibit D # (5) Declaration Certification # (6) Notice) (Schnabel, Eric)

600 - Filed & Entered: 11/06/2008
Certificate of Service
Docket Text: Certificate of Service Ninth Monthly Fee Application of Dorsey & Whitney LLP, Special Counsel to the Debtors and Debtors-in-Possession, for the Compensation and Reimbursement of Expenses for the Period August 1, 2008 Through September 30, 2008 Filed by Dorsey & Whitney LLP. (Schnabel, Eric)

In the latest 10Q, SCO listed the following exhibits:
ITEM 6. EXHIBITS

(a) Exhibits

3.1 - Amended and Restated Certificate of Incorporation of Caldera International, Inc. (incorporated by reference to Exhibit 3.1 to SCO’s Registration Statement on Form 8-A12G/A (File No. 000-29911)).

3.2 - Certificate of Amendment to Amended and Restated Certificate of Incorporation regarding consolidation of outstanding shares (incorporated by reference to Exhibit 3.2 to SCO’s Registration Statement on Form 8-A12G/A (File No. 000-29911)).

3.3 - Certificate of Amendment to Amended and Restated Certificate of Incorporation regarding change of name to The SCO Group, Inc. (incorporated by reference to Exhibit 3.3 to SCO’s Registration Statement on Form 8A12G/A (File No. 000-29911)).

You can find these exhibits, all older documents, here. This is the Certificate of Incorporation of Caldera International back in 2001. And this is the May 2003 amendment about changing the name to The SCO Group, Inc. What a disaster that proved to be.

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