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Tax evasion.
Privacy issues due to questionable conduct, sufficient knowledge and foresight.
Entire country seems to think that GT must be something like Apple's custodian. But it's not like that. Apple needs to put its garage shop big boy pants on, off, for a change, whatever, but for sure start accepting responsibilities.
I deem their contract by the way not void, but fulfilled. A non-existent good Apple knew about had been ordered behind closed doors and exactly that had been received for the purposes of making a big show and telling each and everybody how hard life is.
They are being owed shit. And for sure not now. The show about nothing had been delivered. Proceeds need to be put into escrow to later decide whether their receipt would be "fair and equitable".
Company-valuation-wise it had been a problem that's now off the table.
And scrap in the right hands can be worth cost of goods in the future.
Howdy y'all!
Could somebody please retrieve the motions for failure to state a claim by Apple and GTAT and post them somewhere?
Hmm...
"Let's retrieve two for the Gibber!"
https://www.pacermonitor.com/public/case/4815444/Levy_v_Gutierrez_et_al
I doubt that those laminates can be shatterproof, respectively that CVD technology cannot facilitate multiple layers. Additionally, I fear self-cannibalization and setting low standards in terms of sapphire quality, quantity and hence sales, waiting or putting up stop signs that could shatter trades taking place as we speak.
Well, one can already utilize lasers for slicing sapphire. Horseshoe-shaped multi-lasers. Lasering on multiple levels for multiple phones. If you hear that a sapphire brick's too wide to laser-slice it, try arranging five lasers so that they can do the job.
Just sayin' that it's not like that this kind of slicing still needs to be done with wire saws.
Well, who do you think Verizon is getting their stuff from?
If it isn't info straight out of GTAT, it's hearsay and should be treated as such. It would at the very least require a declaration by GTAT directors, under oath, that total disclosure had taken place. Yet there are publicly filed documents, legal or not depending upon context and circumstances, that strongly suggest otherwise.
Did you know that the Droid Turbo II's metal frame will be fenced up by original bricks from the Berlin Wall and that its environmentally friendly plastic OLED display will be made out of recycled HTC Touch Pro screens so that it all can be nicely shatterproof but that's just because of all the Gorilla Glass 4(TM) in between the backlight and the battery because Verizon loves to sell, uhh, ...phones?
http://www.slashgear.com/halloween-comes-early-for-verizons-droid-release-event-14409746/
Looks like she's reading her emails too. After I sent her this picture stating "ignorance of the law is no excuse", I found her kinda mellow regarding the EC.
Right, kids. The Moto X Force ain't the Google Nexus 5X, 6P, or whatever. It's not the Nexusses. Correct. Good.
If sapphire had not even been mounted into a case supported by a backpanel, it's not a drop test but a surreal bend test that means nothing, unlike marketing bull and slander culminating into security fraud at the highest level.
Well, I'm more like let them see that their shares trade at a discount so that their prospective business partners can get their next project financed through sharebuying at a discount, thereby increasing likelihood and scope of future sales.
Then again, one may plan your thing now and if the POR looks like a major disappointment, one can swiftly act and execute the planned meeting.
On occasion, they state something like "talks with a potential buyer". Works as an insurance. That's like rolling out the red carpet for any actual business deal negotiations. Those negs I would not outsource to a giant bunch of outside counsel, but I'd, at least initially, deal with them in-house through my directors because my buffet is fixed-size.
If I were GTAT, discussing and negotiating deals with other companies (see professionals' compensation applications), would I find it "odd"? Not really. Would I feel surprised? Can't say that. Would I know more than before about their determination? Guess so. Is it legal? Yes. Is it news? No. Do I have news? No. Do they have news? No. Do certain people have news? Something like that: they may have formed an opinion.
Now, this may be as newsworthy as it can get in a bartering environment. And that's a fact.
I'm a great chef. I'm like the Wolfgang Puck of boule-making. I'm so good I should be billed for the boules within the POR by no other than the Soup Nazi prior to a disclosure on how they were.
Why file a motion that exhaustively discusses retention effects when there's not supposed to be a retention plan? Boroff did what GTAT wanted him to do. It's because the present stock needs to be value-rich in order to facilitate sales.
I can't believe that guy has the nerve to sell the same phone twice.
I mean, if you got half a sec, Android can get you home menus in a month. Same display, same RAM... incredible.
Can't stop laughing on my way out. That guy must've spent the entire year chain-smoking. Or whatever. Can't even rule out doing crack cocaine.
Sapphire lens cover is still there, just checked. Thank goodness he didn't snort it away.
There are certain things that are impossible. Selling sapphire to Apple prior to knowing that they will be using and needing it in '15 is for instance one. Letting them slice and customize it prior to you KNOWING that it will be used ASAP -- same. The Moto X Force is a nice phone too to get things started. The ability for a prospective customer to buy himself in PRIOR to striking a deal -- huge. Legal too. AT&T took over Leap Wireless, but they had been buying the stock on the open market first. Just saying if you're that focused looking for news. I mean, not even GTAT may have it. But that can pass. When does one KNOW something next time? September 9th. Then one knows whether plenty of sapphire will actually be for sale, thereby accelerating adoption instead of waiting another year, and only THEN the above scenarios can come into play.
Big money needs be told the lesson that, if one has over the course of one year constantly yelled artificially low PPSes into people's ears by resetting the valuation to bid prices 5 mins. after an ask trade, big money has been saying no to an otherwise possible early repayment and just needs to wait for another year.
HFT shall not determine the outcome of an orderly restructuring as it had intentionally been detached from an accurate valuation by the very same players for the purpose of invalidating GTAT currency. In other words, who flushes money down the toilet can't ask to receive it too, but, well, then again who knows. Repeating bull all the time just should mean that they can have exactly that in the end.
Can't find HFT in any statute, but the need for no money I can truly detect. Counting on the EC here.
Oh, that's absolutely no problem. That's no moderation, just an admission check whether one sits in the same boat working towards a common goal. Yeah, why not have a bouncer...
What should be the threshold? Maybe more than one share? Ought to be measured as a dollar value I think. One could also befriend pre-BK shareholders like that. $1000? Or it's just a paper rule.
Now in my opinion, the Judge needs to work shoot and that's it. Nothing namely hindered anyone to depose the Judge in public Court about whether he needs that much money that a guy offering distraction had been offering to him, and I'm sure you would have gotten a straight answer.
All those smoke and mirrors, now by the entire bunch of you, all about the past, makes me just wonder how much copywriters on OCD make in general?
And I can say I'd prefer semi-professional work (no, RG couldn't deliver) at the right time and with an appropriate focus over no work at all. Then I've got at least some neat investigators and a Judge can rule on the issues presented. Exactly how it's supposed to be. Of course Apple would have to be deposed in open court, but that should be a piece of cake.
(yawn)
Committee names are for tombstones, people of bizarroland. Y'all get creative once in a lifetime.
Don't forget one can form any committee because of any legit necessity. A joint committee of creditors and equity owners investigating Apple's role in this post-September 9th, dealing with uncovering Apple's misconduct in great depth while showing them the way out of Mesa and pre-PORing them underneath current and even former equity owners is a really constructive and equitable thing to ask for. I'd join those efforts in an instant. Sounds like a really fun thing to do.
They can lose at least half of their prepayment just for NDAing the living daylights out of unsuspicious people and an investigation of their intent can likely lead to the other half. ("We need it maybe, depends on competition, but we should tell no one about it. Let's fake incompetence, but give them no chance to sack the CEO. It's no longer a legal right.")
Just did. Joe can start working now, others can be more respectful and do it around the POR. Given the NDA that creditors left intact, I'm in no rush here. Can nicely 'columbo' around till then.
What makes you sure the losses had been unintended by Apple? Their secrecy even about basics like what they intend to pay? For whatever good they knew they could not get hold of like that in the mid run?
Well, it's kinda stupid to sell them if one can't rule out that one's gonna be producing sapphire in the future.
Why have it? Just so that people can ask to slice sapphire thinner, yet not that thin? So that Apple can sit on their ass remaining silent and acting stupid without actually inventing or supplying anything?
I'm glad once they got rid of it. Had just been 10M anyway. Can only cannibalize sales now by its please-hold message or in the future with less sapphire and/or furnaces sold.
Circumstances can be disclosed within the POR.
So did GHTOT with one Meyer Burger saw and a couple of ovens that may not even need moving...
http://www.cultofmac.com/315091/apple-watch-will-consume-fifth-worlds-sapphire-supply/
But look what can be done with "their" equipment.
http://www.ghtot.com/index.php?shownews-2172#
Hayward Quartz got Lapmasters too. May need no moving either. I really could let them hang.
Hyperion cost ten million, certainly needs not pay out much.
Priorities? Showing a lack of sapphire procurement. Depositions of Apple employees. Opening Mesa up for business. Getting Android manufacturers trying to distinguish themselves on board. Production of neat sapphire in association with Lens. Prepayment never or twenty years from now in kind. Lots of Android manufacturers need this 'one more thing' and Apple's got Americans. Drawback of patriotism for $200, Alex. But who knew. Then again, why care? A showing of Apple inaction, especially once contrasted with latest R&D developments, fully suffices.
Regarding the EC: Well, I'd fear that they wouldn't be getting the main point and would be coming after me. They should just be coming after Apple. For that, I may not need an equity committee, creditors can do the job. So it makes sense from their point of view. My personal view is that I'd like to see something rolling and do not care about the means. But they should be Apple-obsessed. Paid copywriters hate that.
It's the POR future. Creditors will be coming after them. Apple's show about nothing can just as well result in nothing. That's the equitable relief standard.
iPhone 5s producer: Ed Wood, iPhone 6 producer: Samsung -- and for the 6s, it's just Ed Wood again. Running around in women's underwear while producing porn. That's his nighttime job.
Maybe Steve Jobs was actually a humorous guy?
Anyway, I'd see that the Mesa fab gets freed. Could work. You overordered on the pizzas and didn't -- quite obviously -- even plan to pay, you fitness czar. It's easier to move ownership of the fab than the furnaces. Take the sapphire and get out, you slob, but this time for real.
K. Take two:
There is none. It's Lee J. Cobb hour, Mr. Beale. :)
The point is that the Mesa fab ought to be freed from Apple by outside attorneys who have more reason to complain than GTAT due to lack of knowledge about the structure of the ring.
GTAT may not have gotten Apple's defense-only intent, but creditors did not even have access to the basic structure of the deal and sufficient knowledge. However they're entitled to good faith presumptions while Apple constantly cried foul like a phony imbecile when being asked to talk about it.
From a public point of view, the entire agreements dealt with production, construction, earning money, and action, as opposed to shelving it all again, playing defense, acting crooky, being passive, and general non-action which I claim had been Apple's true intent. The good solar company. A pathetic piece of whaleshit. It's if-we-have-to innovation all along. Strong sell.
There is none. It's Lee J. Cobb hour, Mr. Beale. :)
The point is that the Mesa fab ought to be freed from Apple by outside attorneys who have more reason to complain than GTAT due to lack of knowledge about the structure of the ring.
GTAT may not have gotten Apple's defense-only intent, but creditors could not be expected to get the intent, nor habe sufficient knowledge about who they're partnering with.
Except that the entire agreements dealt with production, construction, earning money, and action, as opposed to shelving it all again, playing defense, acting crooky, being passive, and general non-action. That had been Apple's intent. The good solar company. A pathetic piece of whaleshit. Strong sell.
Well, it could start now if the suppliers think that their goods should best be not disassembled or even moved cause they'd lose value. If the furnaces appear second-hand or degraded, so would their goods. It could then be checked whether Apple has a legal right to demand it anyway, but after their NDA and subsequent magician act, I'm sceptic. Or had Apple been paying for the goods?
Anyway, goods can't be moved or furnaces lose value. See PP&E vs inventory. Suppliers need every prospective penny.
Another point would be at the POR. Expect extensive deposition taking leading to prepayment cancellation or a good settlement leading to slightly less.
As if an Apple NDA agreement constitutes the law of the land that can seize property without due process! Without due notice given! Ridiculous! That's nothing more than a bankruptcy ring! Apple knew damn well what they could expect from GT Advanced in advance. And their intentions that they try to hide should be uncovered cause those may turn out to be pretty toxic. Wonder how fast they'll settle then.
Just would be if they get to lose the fab and get nil, other than an option to be first in line at market prices.
The nice thing however is that the suppliers (involuntarily turned unsecured creditors) are in a nicer position with a way better legal standing to make a legit case like this one once Apple tries to start messing with their unpaid goods.
The time to fight back has just begun. I'd not wait till the POR. Expect injunctions, objections, and denials of disassembly with no cost to GTAT.
If Apple sets Mesa up as defense only, someone needs to play offense, and start seizing Mesa to produce cheap sapphire for everybody. Fitness queen Dick Simmons can then be paid back, in part, in kind, in sapphire, at cost plus standard margin, over the course of twenty years.
But that's a case the creditors need to make. Works better.
Hell, it's even cheaper.