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SCO Files for Chapter 7 liquidation:
"There is no reasonable chance of rehabilitation"
http://www.groklaw.net/article.php?story=20120807133033596
REVOKED
http://www.sec.gov/litigation/admin/2011/34-64541.pdf
34-64541 May 25, 2011 Sabratek Corp., SAN Holdings, Inc., SBD International, Inc. (n/k/a Solargy Systems, Inc.), Scantek Medical, Inc., SciLabs Holdings, Inc., The SCO Group, Inc., Secure Technologies Group, Inc., and SinoFresh HealthCare, Inc.
Breaking: SCO in default on its superpriority loan
The Trustee is fighting foreclosure
http://scofacts.org/SCO-Group-bankruptcy-1269.pdf
Trading has resumed.
It is expected that SCO has been summoned to a Court hearing, after which the stock will be revoked for good.
SCO sold its whole business (mostly Unixware) to UnXis LLC for ... $600K.
SCO has no more revenues, no employees.
It is administratively insolvent, having lost a further $17M since declaring bankruptcy.
The $600K for its assets it received is insufficient to pay any of SCO's debts, considering that $150K goes as commission on the sale of assets to OPA, another $210K serves to pay the remainder of the contracts, SCO already owes more than $800K to Blank Rome and OPA, Blnak Rome has not yet submitted a single bill for work done in 2011, etc...
And, of course, there is the $2M superpriority loan owed to Yarro, plus interrests, that the company has no hope to ever repay.
The rump of SCO is still waiting for their 10th Circuit appeal. The company is not happy of the result of its Jury trial, that confirmed the earlier Summary Judgment: SCO does not own, and never owned the Copyrights it would need to sue IBM.
Most companies' shares, at this ultimate stage of bankruptcy, would trade for $0.0001 ...
Trading suspended by the SEC
No specific reason given, but the company was not current with its SEC filings.
The company itself is in bankruptcy limbo. They are administratively insolvent (they cannot pay their lawyers).
They sold all their business (except the litigation) to a shell named UnXis LLC for a measly $600K, but Novell has appealed the bankruptcy ruling and frozen the sale.
The company has fired all its employees.
SCOXQ.bk is selling EVERYTHING
Everything but the liquidation and the Novell SVRX royalties collection
#1141 Main Document (27 pages)
http://scofacts.org/SCO-Group-bankruptcy-1141.pdf
The SCO Group Announces $2 Million in Financing
Lenders to fund operating, administrative and litigation expenses
LINDON, Utah, March 15, 2010 /PRNewswire via COMTEX News Network/ -- The SCO Group, Inc., (Pink Sheets: SCOXQ), www.sco.com, a leading provider of UNIX(R) software technology, today announced that it had secured Bankruptcy Court approval and funding for $2MM in postpetition financing in the form of a secured super-priority credit facility from a group of private lenders. Proceeds from the financing will be used to fund the company's operating and administrative expenses, as well as litigation-related expenses.
Looks like it might be about time, it is Q season...
Investment Designed to Take SCO Private and Positions it to Emerge from Chapter 11 with a Strong Financial Future for SCO Customers, Partners and Resellers
Look SCO is dead. If Novell can fight them for 7+ years, what do you think IBM can do? No, SCO was and has been wrong from day one on this.
Time to load this up cheap here.
Ya me too, not sure why this drop, cant find any reason.
Smart to get in on this today at .10 to .15, this will bounce with news of appeal. They still have interest with a buyer as well at almost 250% market cap value (5.3 mil)
Article pasted. Judge saying they are still going after IBM
Jury says Novell owns Unix copyrights
Technology » SCO vows to press ahead with IBM lawsuit.
By Tom Harvey
The Salt Lake Tribune
Updated: 03/30/2010 02:35:55 PM MDT
The former federal judge overseeing The SCO Group's bankruptcy said a jury decision today that Novell Inc., and not SCO, owns the copyrights to the Unix computer operating system does not end the company's litigation against others.
Former U.S. District Judge Edward Cahn, the trustee for SCO's bankruptcy filed in Delaware, said the company is "deeply disappointed" in the jury's verdict in the dispute over which company owned the copyrights to Unix, which is widely used in business computing.
But Cahn said SCO intends to continue its lawsuit against IBM, in which the computer giant is accused of using Unix code to make the Linux operating system a viable competitor, causing a decline in SCO's revenues.
"The copyright claims are gone, but we have other claims based on contracts," Cahn said.
The former judge, who recommended to the bankruptcy court last year that SCO continue to pursue lawsuits against Novell and IBM, said he will meet with lawyers to discuss what today's verdict does to the company's Unix business and what it means to SCO's future.
Novell said it is not in that business despite the verdict. During the trial, Novell attorneys argued it retained the copyrights when it sold Unix in 1995. Novell has placed its business bets on Linux, a system known as open source. That means anyone is given free access to its basic codes that are developed by people in the open source community.
The community sees SCO's
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lawsuits against Novell and IBM as unjustified attacks on the system it promotes as an alternative to commercial products such as Unix and Windows. Novell, IBM, Red Hat and other companies built products for sale around the Linux.
"Novell is very pleased with the jury's decision confirming Novell's ownership of the Unix copyrights, which SCO had asserted to own in its attack on Linux," the company said in a blog posted shortly after the verdict was announced. "Novell remains committed to promoting Linux, including by defending Linux on the intellectual property front."
Lawyers for SCO had contended Novell owed it millions of dollars for lost sales revenue and that it was due punitive damages on top of that. SCO claimed it lost as much as $215 million as a result of Novell's actions, which stretch back to 2003.
After a three-week trial before the jury and presiding Judge Ted Stewart, the jury started deliberations about noon Friday and then resumed Tuesday morning before reaching the verdict that was announced about noon.
SCO sued in 2004 after Novell claimed it had retained the copyrights when it sold Unix in 1995. That claim came after SCO had sued IBM.
About the same time, SCO also sent letters to businesses using Linux, demanding they buy licenses from SCO because Linux made use of the Unix code.
tharvey@sltrib.com
Starting to uptick now.
Thanks, caught that .085 and fliped the .10, nice call.
Cant they appeal the ruling?
Yea Prolly good for a quick little bounce....but I wouldn't hold this one overnight...they got nothing left and once that news circulates that they lost the case it's a goner IMO
Come on baby do your BOUNCE
Looks like its catching a bid.
Jury says Novell owns Unix copyrights
Technology» Finding could mean end of The SCO Group
By Tom Harvey
The Salt Lake Tribune
Updated: 03/30/2010 12:56:47 PM MDT
A federal jury Tuesday found that Novell Inc., and not The SCO Group, owns the copyrights to the Unix computer operating systems used by many businesses.
The decision ends a long-running legal battle between the two companies and between Lindon-based SCO and IBM. It also likely means the end of SCO, which already is teetering in bankruptcy court.
Lawyers for SCO had contended Novell owed it millions of dollars for lost sales revenue and that it was due punitive damages on top of that. SCO claimed it lost as much as $215 million as a result of Novell's actions, which stretch back to 2003.
After a three-week trial and closing arguments from each side before presiding Judge Ted Stewart, the jury filed out of the courtroom to begin deliberations Friday. The jury went home 4½ hours later and reconvened this morning.
SCO sued in 2004 after Novell claimed it had retained the copyrights when it sold Unix in 1995. That claim came after SCO had sued IBM for allegedly using SCO's copyrighted software code for improvements that made the Linux operating system a competitor to Unix in the world of business computing.
About the same time, SCO also sent letters to businesses using Linux, demanding they buy licenses from SCO because Linux made use of the Unix code. That action angered the open source community that supports Linux, whose underlying codes are open to the public and can be used by companies to create products.
19 February 2010, 18:08SCO vs. Linux: SCO majority owner wants to finance SCO
In the dispute between the SCO Group and Novell about the copyright for Unix, the new jury trial scheduled to begin on the 8th of March is apparently set to go ahead: according to a statement by Chapter 11 trustee Edward Cahn, SCO's majority owner Ralph Yarro wants to inject a loan of $2 million dollars into the financially stricken company.
Legal observers at Groklaw reported that Ralph Yarro intends to finance the loan via his investment company, Seung Ni Capital Partners. The loan is termed to run for a year at an interest rate of 6.6%. SCO will have to repay the loan before settling its other open debts. Among these is a court order to pay $2.5 million to Novell. Earlier, trustee Cahn had told the bankruptcy court that SCO was in urgent need of further funding if it was to survive the new trial. The trustee said that without further funding he would not be able to continue SCO's business.
SCO had repeatedly tried to find investors for the pending trial. For instance, there were talks with Middle Eastern company Gulf Capital Partners and with London-based investment firm Merchant Bridge. The investors were to finance a company called UniXis, which is taking over SCO's software business.
The court responsible for the SCO vs Novell lawsuit is currently investigating the question of which of the charges to try before the jury and which of them to drop. This will be clarified in a last hearing scheduled for the 25th of February. Both Novell and SCO have submitted numerous motions about what they think should be tried. One important point has already been clarified, as the responsible judge has denied the motion by Novell to exclude the slander of title claim from the new trial.
The legal observers at Groklaw are currently having fun with an expert report. In his report, Professor of Business Administration at Harvard University, Gary Pisano, examined the alleged financial damage SCO suffered after Novell, like Hewlett Packard before it, announced that it would protect its customers via a Linux Indemnification Program at the beginning of this never ending story. Pisano said that after the announcement the sales of the license that SCO was trying to use to extract money from corporate Linux customers collapsed. According to Pisano's calculations, SCO is entitled to up to $25 million dollars in damages for the lost revenue.
SCO’s Prospects Brighten
Judge tossed out motion to exclude SCO’s slander-of-title claims
By: Maureen O'Gara
Feb. 20, 2010 05:45 AM
Open Source Journal on Ulitzer
District Court Judge Ted Stewart, the guy who's going to preside over the SCO v Novell case next month, didn't waiting for a hearing. He just tossed out Novell's motion to exclude SCO's slander-of-title claims on its ear Thursday.
That means he's left the window on the damages SCO is claiming wide open for the jury to decide in addition to who owns Unix.
On top of which, SCO's ex-chairman Ralph Yarro has offered to lend the company up to $2 million and the trustee wants the bankruptcy court in Delaware to accept his offer.
It looks like a backstop move in case the decision actually goes to the jury - absent any courthouse-steps settlements - and SCO wins and Novell appeals and drags the litigation out for another five years. It's a message that SCO will still be viable.
SCO's stock really brightened up on that news. It hasn't seen 60 cents in a hound's age.
Microsoft's Linux Patent Scare Trumps SCO
By Sean Michael Kerner on March 4, 2010 1:51 PM From the 'Legal Linux' files:
Microsoft has a bone to pick with Linux and open source software. Since at least 2007, Microsoft has been stating that open source software somehow infringes on Microsoft's intellectual property.
Remember SCO? They kind of alleged the same thing (though SCO is of the opinion that they own Unix) and went after companies by way of their SCOsource licensing arrangement.
Unlike SCO though, MIcrosoft is still getting companies to buy into their argument that Linux patent protection and/or licensing is something that is needed.
Just this week, Microsoft convinced Japanese hardware vendor I-O Data to sign up for Microsoft patent licensing to protect against Linux patent issues. Over the last three years Microsoft has been successful at getting multiple vendors including Amazon, Novell, Brother International Corp, Fuji Xerox Co. Ltd, Kyocera Mita Corp., LG Electronics, Samsung Electronics Co. Ltd. and TomTom International BV to buy into their argument that they need protection from Linux patent infringement.
SCO was never that successful.
Time and again, people in the open source community have asked that Microsoft lay their patents on the table so that Linux vendors could deal with Microsoft's concerns. To date Microsoft has not done so.
So why has Microsoft succeeded where SCO failed when it comes to Linux patents?
Microsoft has managed to get vendors to license -- and in many cases cross-license - patents. SCO never had the leverage that Microsoft does in that the vendors that Microsoft has done deals with all want (and need) to work with Microsoft in some capacity. SCO's tactic was more of 'you owe us- pay up' mentality.
The legal strategy that Microsoft is on is nothing short of brilliant. Rather than challenge Linux vendors in court, they're making a business case to vendors to license patents (that haven't yet been court tested). Yes, there is a degree of FUD (Fear Uncertainty and Doubt) that Microsoft is banking on here, but they're doing it as a business case.
With all these Linux patent licensing agreements in place now should other Linux vendors and users be worried?
Microsoft is trying to make the case that if you want to work with them you need to properly license their intellectual property (which they state open source infringes on). Yes it's an argument that multiple vendors have bought into - but not all. Look at Red Hat for example, they work with Microsoft on virtualization interoperability. There is NO patent cross licensing deal between Red Hat and Microsoft.
No doubt, there will continue to be vendors that buy into Microsoft Linux patent licensing efforts until such time that those patents are court tested and rendered invalid.
That's the other reason why Microsoft will not challenge certain vendors and won't go after users either. They don't need too, they're already getting vendors to buy-in. If there was a court battle there is a risk that those patents could be challenged and lost, without such a confrontation the risk is minimized.
SCO wasn't as lucky or as smart. They went to court (and are still there) and didn't try and make a business case the same way that Microsoft has done.
SCO's Linux litigation architect angles for SCO's mobile biz
Alert Print Post commentFormer CEO strikes back
By Austin Modine • Get more from this author
Posted in Business, 1st March 2010 19:49 GMT
Free whitepaper – Taking control of your data demons: Dealing with unstructured content
Desperate to fund its seemingly-endless legal battle for Unix copyrights against Novell and others, SCO Group has found someone willing to buy the bankrupt company's mobile assets - and it's none other than Darl McBride, the former SCO chief executive sacked as a result of his ruinous crusade to claim Unix.
Groklaw has flagged up that SCO's Chapter 11 trustee, Edward Cahn has proposed to punt the shell-of-a-company's mobility biz to Mobility Inc. Holdings (MIH), a firm created by McBride for the sole purpose of buying the assets, for the chump change value of $35,000.
The sale of SCO's mobility business would include source code to HipCheck, a smartphone app for remote monitoring of Unix and Windows systems, and Shout mobile voice messaging tools. It also includes 12 servers, 13 domain names, and 10 developer smartphones. MIH's down payment would be $5,000, with the remaining paid upon closing.
According to court documents, the terms do provide for MIH to pony up a maximum of $60,000 in "income participation" payments to SCO in the (extremely unlikely) event that revenues generated from the mobility business reach over $1m in a year.
The filing states that after McBride offered to buy the mobility group, SCO's trustee group compiled a list of 12 "targets" that might also have an interest in buying the biz. It said that over a two-week period, the group attempted to email or telephone ("or both") the targets, except for one that could not be reached.
In the end, none of the targets indicated real interest in purchasing the SCO's mobility wing. As Groklaw astutely points out - the trustee group will likely to have spent more than $35k on the billable hours just for pitching and concluding the sale.
A potential alternative source of cash for SCO Group arrived in early February, with an offer from majority shareholder Ralph Yarro to lend the company more than $2m for its pending legal cases. It would seem that one way or another, SCO will cling to life to see its Unix lawsuit through to the end. ®
Six years later, SCO-Novell lawsuit finally going to trial
Copyrights » Legal issues might pale to drama outside courtroom.
By Tom Harvey
The Salt Lake Tribune
Updated: 03/04/2010 07:11:11 PM MST
At long last, it's time for the main event in the long-running legal battle between The SCO Group and Novell over who owns the copyrights of the Unix software than runs many businesses computer systems.
Six years after SCO sued Novell, a trial is set to begin Monday in U.S. District Court for Utah. It will determine who owns the Unix copyrights. But the trial, expected to last three weeks, may be just the prelude to an even bigger legal battle.
If the jury sides with SCO, then the Lindon company can pursue its lawsuit against IBM. The computer giant is accused of using Unix as the basis to make important changes in the Linux operating system. These are actions that SCO said made Linux a viable competitor and led to a steady decline in its revenues.
And if SCO wins against IBM, it also would have won the right to assert that anyone who used that version of Linux must pay a licensing fee. These are monies that SCO said could be more than a billion dollars when it first sued IBM back in March of 2003.
Still, all of this legal intrigue is taking place in a radically altered environment than when the tiny SCO took on IBM seven years ago.
An adverse ruling in the Novell case, later overturned by an appeals court, sent SCO into bankruptcy court in 2007. It remains in court under control of a trustee, who fired CEO Darl McBride under whose leadership the company had filed the two lawsuits. SCO several times has been on the edge of
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dissolution as its tries to reorganize itself. The trustee now is proposing selling off its small mobile software business -- to McBride.
But three days ago, Novell's future also took a twist. A hedge fund, Elliott Associates, offered to buy the Waltham, Mass.-based company -- it had been founded in Utah -- for $2 billion in cash. Some analysts believe that the Elliott offer could spark a bidding war that could create a long period of uncertainty over who will own the company that employs about 1,000 people in Provo.
Given the intrigues and uncertainties surrounding both companies, the staid atmosphere of the federal courtroom where their respective teams of lawyers are squaring off might seem a little mundane. Indeed, at the heart of the case is the ambiguous language of a contract filled with legalese and technical terms in which Novell sold Unix, or portions of it, to the Santa Cruz Operation of California in 1995.
SCO, then calling itself Caldera International, acquired Unix several years later from Santa Cruz, and changed its name to The SCO Group.
After SCO sued IBM, Novell claimed it, and not SCO, owned the Unix copyrights and that SCO's claims against IBM were improper. SCO viewed the Novell claims as an attempt to derail its challenge to Linux, now a major part of Novell's business.
SCO's attack on Linux greatly angered the open-source community that has built Linux. Open-source advocates believe such software should be publicly available for free, including to companies such as Novell that can build products around it that can be sold to others.
Novell's case is aided by the poor drafting and ambiguous language of the asset-purchase agreement between it and the Santa Clara Operation.
"The APA expressly excludes all copyrights, including the UNIX copyrights, from the transferred assets," Novell said in its trial brief to federal Judge Ted Stewart.
SCO plans to call as witnesses executives and negotiators from both sides of the Novell-Santa Clara contract.
"All of the business negotiators on both sides of the transaction, including Novell's senior executives and chief negotiator, agree both that SCO acquired the copyrights," the Lindon company argues in its trial brief.
Momentum in the case has swung to SCO. The 10th Circuit Court of Appeals overturned a ruling by federal Judge Dale Kimball, who had previously presided over the lawsuit and who had ruled that Novell indeed owned much of the copyrighted computer code.
In flurry of pretrial motions, Novell had asked Stewart to limit what some witnesses could testify about. But Stewart ruled largely on SCO's side.
Now the jury will have the final say.
Novell and The SCO Group declined comment on the trial.
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SCOXQ..THE STOCK WILL BE CANCELED. Link>>>>> Go to this link and then go to page 20 (I would have copied and pasted it but Acrobat won't let me do it for some reason..I got an error). It's clear as crystal. Don't get caught up in the bounces on this POS. Play'em, don't fall in love with'em. There's no reason for this stock to ever have a bounce again after today, but it's a "Q" stock. People don't read what's out there. Still risky, but if you play the bounces right, and aren't in it when they actually PR the stock is all gonna get whacked, instead of just providing lazy folks with a link, quick plays can be profitable on it still at times. In the end, the shares get whacked and anyone left standing gets knocked down. Might as well know the facts, and act accordingly.
Page 20, go down to (iv) CANCELLATION OF COMMON STOCK/Grantor Trust
http://sco.com/company/news/invest/Disclosure_Stmt_Part_1-2.pdf
BTW, I'm not in the stock. I HAVE played a couple of the bounces on it, but I'd never hold this thing overnight or buy it for a bounce play if I wasn't sitting there watching the PRs and filings to come out on it every minute I was in it.
Just passing along the new filing, which IS OFFICIAL NOW. I said it would get whacked all along, but now it's in writing, just not PR'd yet...unless you follow the links and filings.
BE CAREFUL OUT THERE FOLKS! BEST OF LUCK TRADING!
JJ
The SCO Group Files Formal Reorganization Plan With Bankruptcy Court PR Newswire "US Press Releases "
LINDON, Utah , March 4 /PRNewswire-FirstCall/ -- The SCO Group, Inc. , (Pink Sheets: SCOXQ) a leading provider of UNIX(R) software technology and a provider of mobility solutions, today announced the filing of its Chapter 11 Reorganization Plan ("Plan") and Disclosure Statement with the Bankruptcy Court in Delaware on Friday, February 29, 2008 . The filings can be reviewed at http://sco.com/company/news/invest/reorg_plan.html
Key provisions of the Company's Plan, as filed with the Bankruptcy Court, include: (i) full payment (with interest, if applicable) of approved creditors' claims as allowed on the effective date of the Plan, (ii) full payment (with interest, if applicable) of all claims subject to pending litigation (if, when and to the extent the courts allow such claims), and (iii) distributions to equity holders. The Plan allows SCO to focus its efforts on the development, sales and support of its UNIX and mobile technologies. The Plan also provides for the establishment of a new board of directors as well as the appointment of a new Chief Executive Officer on its effective date. The Plan is subject to, among other conditions, Bankruptcy Court approval. A hearing for approval of the Disclosure Statement is scheduled before the Bankruptcy Court on April 2, 2008 .
"This is an important milestone in emerging from Chapter 11 bankruptcy," said Jeff Hunsaker, President and Chief Operating Officer of SCO Operations. "We have been working together with the Stephen Norris Capital Partners team carefully preparing a plan that will pay qualified creditors' claims, provide a return to profitability, expand our business, and continue to provide our customers and partners with the solutions and services they need to run and grow their businesses. We continue to be encouraged by the feedback we are receiving from our customers, partners and stockholders. One large customer in Italy announced to us this week that after having left our UNIX platform and trying Microsoft(R) Windows(TM) and Linux, they are returning to SCO OpenServer 6 due to its unmatched stability and reliability," said Hunsaker.
Stephen Norris Capital Partners (SNCP) has, subject to continued due diligence, committed to provide up to $100 million to finance the SCO Plan of reorganization and to take the Company private. Stephen Norris said, "This reorganization plan is a positive step for SCO's customers, partners and stockholders and a major win for all parties. This plan will enable it to grow its business, especially outside the U.S., and if possible, settle its outstanding litigation on a favorable and reasonable basis."
Mark Robbins, co-partner with Stephen Norris in SCO's investment transaction said, "We have a firm belief in SCO's technology platform and its potential to be expanded especially outside of the United States . SCO has a solid customer base of industry leaders. This Plan provides the necessary direction and strategy to begin moving in a positive direction."
About SCO
The SCO Group (PINKSHEETS: SCOXQ.PK) is a leading provider of UNIX software technology and a provider of mobility solutions. SCO offers UnixWare for enterprise applications and SCO OpenServer for small to medium businesses. SCO's innovative and reliable solutions help customers grow their businesses everyday. SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers. The Me Inc. product line focuses on creating mobile platforms, services and solutions for businesses and enhances the productivity of mobile workers.
Headquartered in Lindon, Utah , SCO has a worldwide network of resellers and developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com.
SCO and the associated logos are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. Microsoft and Windows are trademarks or registered trademarks of Microsoft Corporation .
About Stephen Norris Capital Partners, LLC
Stephen Norris Capital Partners, LLC is a private investment company. Mr. Norris co-founded with David Rubenstein The Carlyle Group , one of the world's most successful private equity firms. Mr. Norris has made, directed or participated in leveraged buyouts, venture capital and real estate equity investments totaling more than $6.0 billion , and yielding an average annual internal rate of return (IRR) of over 38%. Mr. Norris advised, structured or negotiated investments over $1.0 billion on behalf of a prominent Middle Eastern investor in Citicorp, Euro Disney, and the Four Seasons Hotel Company . These investments have returned well over $10 billion . In 1990, Mr. Norris was appointed by former President George H.W. Bush and confirmed by the U.S. Senate as one of the five members of the $68 billion Federal Retirement Thrift Investment Board.
SNCP's partner is an affiliate of Mr. Mark Robbins who has extensive experience in structured finance and private equity as co-founder and managing partner of Peninsula Advisors, LLC . Mr. Robbins has managed and originated over $1.2 billion in private placements. Mr. Robbins has developed and engineered substantial structured investments, including business valuation models and diversified financial products. Mr. Robbins has served as Investment Director and lead negotiator with several leading financial institutions.
Forward-Looking Statements
The statements contained in this press release regarding (i) the transactions contemplated in the memorandum of understanding and the Company's plan of reorganization, (ii) the contemplated benefits of the Company's plan of reorganization for customers, partners, stockholders, employees, and others, (iii) the Company's business plan regarding its UNIX product line, new products and services and the pursuit of its legal claims, (iv) the expectations of SNCP with respect to the Company and its prospects, (v) bankruptcy court processes and approvals respecting the Company's plan of reorganization, (vi) the return of our customer in Italy , and (vii) other statements that are not historical facts are forward-looking statements and are made under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations and are subject to risks and uncertainties. We wish to advise readers that a number of important factors could cause actual results to differ materially from historical results or those anticipated in such forward-looking statements. These factors include, but are not limited to developments with respect to the negotiation of definitive agreements with SNCP, confirmation of a plan of reorganization, the outcomes and developments in our Chapter 11 case, court rulings in the bankruptcy proceedings, the impact of the bankruptcy proceedings or other pending litigation, developments in our litigation, our cash balances and available cash, continued competitive pressure on the Company's operating system products, which could impact the Company's results of operations, adverse developments in and increased or unforeseen legal costs related to the Company's litigation, the inability to devote sufficient resources to the development and marketing of the Company's products, including the Me Inc. mobile services and development platform, and the possibility that customers and companies with whom the Company has formed partnerships will decide to terminate or reduce their relationships with the Company. These and other factors that could cause actual results to differ materially from those anticipated are discussed in more detail in the Company's periodic and current filings with the Securities and Exchange Commission , including the Company's Form 10-K for the fiscal year ended October 31, 2007 , and future filings with the SEC. These forward-looking statements speak only as of the date on which such statements are made, and the Company undertakes no obligation to update such statements to reflect events or circumstances arising after such date, except as required by law.
SOURCE The SCO Group, Inc.
no doubt sweet from .08 thanks for the heads up. figured it wasnt going to last.
Filed 2/21. Friday is the last day this stock trades. They PR'd they were going private. I kinda thought they'd come out of Chapter 11 first, but either way the stocks were gonna get whacked. Nice little "Q" play while it lasted.
NEXT!
JJ
Posted by: uranium-pinto-beans
In reply to: JJSeabrook who wrote msg# 22
Date:2/25/2008 10:03:40 AM
Post #of 23
Thanks! when did that come out?
Thanks! when did that come out?
(.13) DELISTED AS OF MARCH 3, 2008..BEWARE! These shares are about to go POOF! Be careful out there!
JJ
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 25
NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
Commission File Number 000-29911
Issuer: SCO GROUP INC
Exchange: NASDAQ Stock Market LLC
(Exact name of Issuer as specified in its charter, and name of Exchange where security is listed and/or registered)
Address: 355 South 520 West
Lindon,
UTAH
84042
Telephone number: 801-765-4999
(Address, including zip code, and telephone number, including area code, of Issuer's principal executive offices)
Common Stock
(Description of class of securities)
Please place an X in the box to designate the rule provision relied upon to strike the class of securities from listing and registration:
o 17 CFR 240.12d2-2(a)(1)
o 17 CFR 240.12d2-2(a)(2)
o 17 CFR 240.12d2-2(a)(3)
o 17 CFR 240.12d2-2(a)(4)
x Pursuant to 17 CFR 240.12d2-2(b), the Exchange has complied with its rules to strike the class of securities from listing and/or withdraw registration on the Exchange. 1
o Pursuant to 17 CFR 240.12d2-2(c), the Issuer has complied with its rules of the Exchange and the requirements of 17 CFR 240.12d-2(c) governing the voluntary withdrawal of the class of securities from listing and registration on the Exchange.
Pursuant to the requirements for the Securities Exchange Act of 1934, NASDAQ Stock Market LLC certifies that it has reasonable grounds to believe that it meets all of the requirements for filing the Form 25 and has caused this notification to be signed on its behalf by the undersigned duly authorized person.
2008-02-21 By Amy Horton Associate General Counsel
Date Name Title
1 Form 25 and attached Notice will be considered compliance with the provisions of 17 CFR 240.19d-1 as applicable. See General Instructions.
Delisting Determination,The Nasdaq Stock Market, LLC, February 21, 2008, Isonics Corporation. The Nasdaq Stock Market, LLC (the Exchange) has determined to remove from listing the common stock of SCO Group, Inc. (the Company), effective at the opening of business on March 3, 2008. Based on a review of the information provided by the Company, Nasdaq Staff determined that the Company no longer qualified for listing on the Exchange due to public interest concerns raised pursuant to Marketplace Rule: 4330(a)(01). The Company was notified of Staffs determinations on September 18, 2007. The Company requested a review of the Staffs determination before the Listing Qualifications Hearings Panel. Upon review of the information provided by the Company, the Panel determined that the Company did not qualify for inclusion on the Exchange based on public interest concerns pursuant to Marketplace Rule: 4330(a)(01). The Company was notified of the Panels decision on December 12, 2007 and trading in the Companys securities was suspended on December 27, 2007. The Company did not request a review of the Panels decision by the Nasdaq Listing and Hearing Review Council. The Listing Council did not call the matter for review. The Panels Determination to delist the Company became final on February 4, 2008.
http://www.pinksheets.com/edgar/GetFilingHtml?FilingID=5746885
Probably would have been more accurate if it had stated "in the best interest of its PREFERRED shareholders." The PREFERRED shares don't normally get canceled, and those are still shareholders that own them. It's the common shareholders that get the shaft.
It's probably a true statement,but it just doesn't include everybody, mainly the common shareholders.
My personal opinion is that this company is going to emerge from Chapter 11 in the near future, whack all the common shares as part of that approved plan, and then go Private. Read the 10K and the going PRIVATE PR and I don't see how you could possibly believe that the common shares will survive the BK, or even if they DO survive the BK how you wouldn't get screwed if the company goes private. At that point it's a no win situation either way, IMHO.
I'm just playing the bounces and playin with free shares.
GL in it!
JJ
Posted by: Wayne R
In reply to: JJSeabrook who wrote msg# 4
Date:2/20/2008 6:55:17 AM
Post #of 20
there was this part of the PR;
The Board of Directors of SCO has unanimously determined that this financing and plan of reorganization is in the best long-term interest of SCO and its subsidiaries, as well as its customers, shareholders, creditors and employees.
Not sure if having their shares cancelled could be considered in the best interest of shareholders.........
All stocks are shit
This PR could bounce it little tomorrow. Don't forget though that the shares are going to be WHACKED, and I get the feeling they're getting close to doing it. Play the bounces and don't marry this POS. GL all! Enjoy the bounces, but watch for the rug to get totally pulled out from under this one. It's gonna happen, just a matter of when.
JJ
Shout Postcard Now Available on Facebook's(C) Web Social Network of Over 65 Million UsersLast update: 2/21/2008 3:09:00
PMFacebook users can now post multimedia postcards on Facebook directly from their smart phones LINDON, Utah, Feb 21, 2008 /PRNewswire via COMTEX/ --
Me Inc., a wholly owned subsidiary of The SCO Group (Pink Sheets: SCOXQ) and a leading provider of mobile software technology and services, today announced the availability of Shout Postcard for Facebook's popular social network of over 65 million users, effective immediately. Shout Postcard allows Facebook users to add photos enriched with text and audio to their Facebook profiles directly from their mobile smart phones. The Shout Postcard application also allows users to add audio and text to photos that have been previously loaded to other Facebook applications. "Integration of the Shout Postcard technology with Facebook enriches users' experiences on Facebook pages" said Shaun Cutler, Director, Me Inc. "Facebook is all about social interaction and Shout Postcard creates a multimedia interactive experience for Facebook users that is unprecedented." Mobile devices compatible with the Shout Postcards application include Blackberry's Curve(TM) and Pearl(TM), as well as Palm's Treo(TM) and Centro(TM). Shout Postcard is a multimedia tool that provides mobile phone users with the ability to capture and share life's moments on-the-go with pictures, audio and text combined into a template-driven postcard. Shout Postcard can currently be downloaded free of charge at . Facebook users can click on the following link to add the Shout Postcard player to their Facebook profiles and begin adding voice and text to new or existing photos: . More information about Shout Postcard integration with Facebook can be found at Facebook is a leading web social network that helps people to communicate more efficiently with their friends, family and coworkers. With over 65 million active users and more than 250,000 added daily, Facebook provides an unprecedented level of exposure to the Shout Postcard technology. About Me Inc. Me Inc., is a wholly owned subsidiary of The SCO Group, traded over the counter in the Pink Sheets (SCOXQ). The Me Inc., product line focuses on creating mobile platforms, services and solutions for businesses, consumers and social networks while enhancing the productivity of mobile workers. Me Inc. is an emerging leader in real-time mobile software technology, platform and applications development. Shout Postcard uses its unique Mobile Server platform to develop mobile applications that provide rich functionality, a sophisticated architecture and unparalleled user experiences for consumers, prosumers and business customers. The Me Inc. technology uses SOA architecture to develop mobile applications and solutions that are ubiquitous in nature and compatible with all carrier networks. Me Inc. has been building mobile collaboration solutions since 2005 and brings its platform and applications to the market at a time of great opportunity. Headquartered in Lindon, Utah, Me Inc., has a worldwide network of resellers and developers. Me Inc., Global Services provides reliable localized support and services to partners and customers. For more information on Me Inc., products and services, visit . Me Inc., and the associated logos are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited. Facebook and related marks, images and symbols are the exclusive properties and trademarks of Facebook. Treo and related marks, images and symbols are the exclusive properties of Palm. SOURCE Me Inc.
Copyright (C) 2008 PR Newswire. All rights reserved
no doubt. glad i'm only holdin freebies though u never know at the same time glad i didnt sell all!! LOL!!
Nice ride, buddy! I'm ridin free. Probably going to pull some gains off pretty soon. Gotta love the "Q" bouncers, even if they really make no sense. LOL
JJ
played perfectly
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