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warrenbucket

08/26/10 1:33 PM

#6793 RE: sts66 #6787

wow, all this bickering going on!! how funnnnnnnnn!!!!!!

gator97

08/26/10 4:01 PM

#6800 RE: sts66 #6787

Well said. EOM.

Cobraman

08/26/10 5:43 PM

#6803 RE: sts66 #6787

Lets address your points one by one:

1 - I already prefaced my posts on the topic by saying that a law suit would occur. There is no way that a restraining order will hold (PS: I also have a law degree). The courts would not stop business from going on. Rather the issue of damages would be litigated upon. The idea is to make both parties whole if a breach was determined - not to kill the business entirely. Do you care to supply us with stare decisis on this point of law? Do you care to give us a line by line analysis of the contract?

2 - Rik would be derelict in his duties if he has not already lined up alternatives to XCHO. When/if he acts it will be a seemless job.

3 - A smart reputable experienced distributor would be able to see what Rik's problem with XCHO is and work things out upfront addressing all issues.

4 - You assume that a supply disruption will occur. There is more than one way to skin a cat and this type of thing has gone on many times before.

For example, Frank may end up settling for a piece of the pie. A small percentage, stock options, whatever. Frank knows that he has failed so far. This quarter will tell the tale IMO. Frank may even cave in and settle without a lawsuit -thus letting a more capable company take over. Frank could be a partner in the deal - better a piece of big potential revenues than a piece of dribs and drabs.

5 - It already is a disaster. As Abe and Beatie's son said "when you ain't got nothing you got nothing yo lose."