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Friday, August 02, 2019 2:46:16 PM
Lead defendant ICM agreed to indemnify a majority of current defendants who purchased their equipment. If they make good on their promise, nobody would go bankrupt. If they don't, just remember that only about 10% of the industry is currently being sued. Nearly 100% of the industry practices one or more of GERS' methods. Even If every defendant went BK, 90% of the industry remains as royalty paying customers. This includes deep pocket producers like Valero, Poet, ADM, etc. At an industry-wide royalty of say 15%, corn oil royalties alone would be over $100MM going forward.
Would GERS' go after the 90% for back royalties? ICM also agreed to indemnify non-defendants that bought their equipment and roughly 50% of the industry did so.
I personally wouldn't mind if a certain few defendants went BK. A reduction in ethanol capacity would be great news for legally licensed producers that respect the law. Not to mention these companies could buy the BK producers for pennies on the dollar.
Here's Mr. Kreisler's comment on the subject.
"We certainly don't want anyone to go out of business, but we will consider alternate forms of payment that facilitate shared value creation for all stakeholders. Such as ownership and upgrades."
I see patent infringing PEIX's CEO said he doesn't "plan" to go BK. What a stupid comment, nobody "plans" to go bankrupt. However, it does show what's on his mind...
Good Luck To All!$!$
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