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loophole73

07/13/05 7:27 PM

#118539 RE: GE_Jim #118538

Jim

I am saying that Nok is arguing the enforceability and not the final award. I have presented what I believe is their argument. In the long run, one of the entities can enforce if they fail to comply. The question boils down to the authority of a court. We know the court can confirm the final award, but how much further it can go before it is time for some performance by Nok is the issue. I doubt that it can force Nok to report and pay on a date earlier than that set out in the award. Suppose it confirms without argument from Nok and then Nok fails to report and pay. The PLA states any disputes regarding the terms and conditions are to be submitted to binding arbitration. The argument by Nok is that the fed ct may not enforce and the non-performance because the remedy must be derived through binding arbitration. It is a childish game they are playing IMO. For instance, what effect would a breach of the new modified PLA have on the joint development agreement? They may stub their toes playing this game. This is why I believe they will comply after the they have thought through the process.

MO
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paheka

07/13/05 11:40 PM

#118562 RE: GE_Jim #118538

Sounds like someone tryed to pass some information around a room and by the end it all got mis-interpreted??ALL that happened was that the arb ruling came down and IDC/Nokia commented.IDC filed a lawsuit as this was needed to enforce the arbitration ruling.Nokia's spokeswoman stated that they were happy with the reduction of fees owed and in light that the arb ruling was not unanimous,they would look at all their options.IDC followed up with a CC during which they re- stated that they believed Nokia would owe in excess of 250M dollars.Nokia nor IDC have said anything more,at least not to the public.So where are we?We got our award from the arb,more or less, than might have been projected.We filed for enforcement.Nokia has not decided what to do BUT all that i've read makes me believe they will pay without much furthur ado..few, if any reasonable options.In the meantime our shareprice has meandered back to the price before "the news".WHY isn't it higher?Simply because it isn't and the shorts and option sellers want to hold it where it is, or break it below 17.50 before expiration on Friday.IDC mgt could certainly help our short term dilemna with a strong statement about WHAT the ramifications of the arb ruling are,or annonce a "buy-back" which would give the same messag.Rather than talking about acquisitions mgt needs to FIRST put this house in order, and the best use of investment capital must be in our own stock!! Patience..we may hear some great news by Friday or the following monday?Maybe 3G will get settled as well!!