Friday, June 14, 2024 6:49:16 PM
(1) A major law firm, as a recent plaintiff, apparently believes SAGA is alive and has assets (what? VIRO?) to pay the judgement...if they get it. Maybe they decided to file the suit because the judge in the GLD case vs SAGA stayed the termination of SAGA until the case is resolved and/or because Harry is conducting business as though SAGA is alive and the BCA is valid, despite claims to the contrary by GLD in its lawsuit vs SAGA. (Just my speculation).
(2) The Form 25 has delisted SAGA from the NASDAQ but hasn't forced the dissolution of SAGA...yet...probably because of the stay imposed in the GLD case. If it is determined that it did successfully complete the BCA, the Form 25 would just delist, and likely not dissolve the corporation. JMHO.
So, IMO, the Mayer, Brown lawsuit seems to me to be an additional good reason for Harry to let go of SAGA (there could also be more undisclosed liabilities lurking out there), unless he's got far more PIPE money lined up for VIRO through SAGA that outweighs the risk of the $2 million and other possible undisclosed liabilities. If he did that...by acknowledging the failure of the BCA to complete...IMO, that would probably terminate the GLD lawsuit, eliminate the federal income tax accrual (where is he going to get the money to pay that anyway with an unlisted stock) and he would also remove VIRO from the risk of Mayer, Brown becoming the new owner of VIRO if SAGA can't pay the potential judgment. (Not to mention that outside ENZC stockholders may be much less inclined to sue.) JMHO.
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