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HighRider

10/21/10 10:19 AM

#38073 RE: conagra #38072

Yes, they could settle and not go after the Daic parties original judgment. There are a lot of ways a settlement could be constructed, but there would have to be concessions by the Daic parties. In other words, Calypso could give up going to overturn the original judgment for let's say the Daic parties giving up any current past due notes, any additional shares being offered, especially any ownership claims to the patents and any future events that would cause Calypso to ever be in default. They could keep the 100 million dollar judgment and shares they own. You see the Daic parties have a lot more to offer than Calypso does. There is going to have to be an agreement with the Daic parties, unless Calypso goes all the way to a reversal of the original judgment. I don't believe Calypso will say, o.k. the 2008 agreement is valid, we know you interfered, give us 30 days to pay you the money, give you additional shares etc. See all of this requires negotiations with the Daic parties, except a reversal of the original judgment. If Calypso wins a reversal of the original judgment, you have just added $100 million dollars to Calypso, plus the value of any shares the Daic parties own. Calypso starts out again with very little money owed and then is able to capitalize on it's patents.