"NeoMedia's management early on should have sought financing arrangements with another entity or entities or at least challenge the legality of Yorkville Advisor's prohibition against NeoMedia seeking alternative debt financing. NeoMedia's management has said that it was forced to rewrite debentures to lower conversion rates as an inducement to YA's continued financial support. Under what laws (and if they exist they should be challenged) is Yorkville Advisors permitted to treat public companies as indentured servants tying their hands when it comes to obtaining alternate financing?"
The sad fact that NeoMedia management choose not to pursue legal options against YA and instaed went silent on these and other issues is beyond comprehension. Additionally, the fact that NeoMedia employed Kirkpatrick & Lockhart, LLP http://www.klgates.com/professionals/detail.aspx?professional=339 - the same law firm representing CC is highly unethical and borders on gross negligence. Why the former BOD allowed such happenings should be brought to a court of justice for a formal accounting.