If a Texas court appoints a receiver in the county of DKTS's principal place of business, that receiver effectively becomes CEO of the company (or has the same powers at least).
Note Texas's Civil Practice Code
§ 64.003. FOREIGN APPOINTMENT. A court outside this
state may not appoint a receiver for:
(1) a person who resides in this state and for whom
appointment of a receiver has been applied for in this state; or
(2) property located in this state.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
I don't see a comparable statute for Nevada. So by applying in Texas, it seems they could get control of any physical inventory in the state at least, while that would be harder to do from Nevada.
A corporation is legally considered to have its "citizenship" for jurisdiction purposes both in the state where it is incorporated and in the state where it has its principal place of business.
So while I agree that you would probably have to go to Nevada to have the shell dissolved or force a sale, etc., I don't see why a Texas-court-appointed receiver, standing in the shoes of the CEO, could not enter into a sale agreement for the shell if that was necessary to make shareholders and/or creditors whole. If the CEO in Texas could enter into such an agreement, then someone appointed with the exact same power and authority could seemingly do it as well.
