Hedge-Trooperhobo-Polebrook
I have reread the Motion and Order.
There are two things that could explain so much ,but both are under seal, one may be freed down the line (the LOI with WiLan-3D-LLC) but the other one who knows (it refers to the Key Employees Contract).
The first one would tell us how much WiLan-3D=LLC are paying for the patents and which ones are they buying, in turn that could give us an idea of the money available for continuing operating after the $400.000 to be set aside.
On the Motion under Transactions it says that WiLan through it`s Licence Agreement with SIO benefits from exclusive rights to market and sub-licence those patents till they expire.
That was another giveaway from SIO out of desperation that comes to haunt us now because from the proceeds of that LOI WiLan will take their cut for the patents they have under their umbrella (I imagine it`s integrated in the LOI as to how it`s been done).
The second,the Key Employees Contract it`s a total guess.
Are they being kept because without them we could not operate or are they kept because we need them for fixing things up for a total sale?.
The emphasis put in it means that for whatever the reason without them we are stuck.
The amount of money $111.000 does not tell us much.
The way the “Sale Process” it`s used it sways you to both the LOI or a partial leading to a total sale.
Section 19 of the Motion mentions that the trademarks SENSIO and 3DGO are registered or in the process of being registered in Canada and the USA and intends to register it in all countries and territories that it`s used.
That will suggest a continuation of business .
On section 5 Indebtedness it says :
The Company has no secured creditor and no third party financier other that Nicholas Routhier with his loan.
Other than his debt to it`s shareholders the indebtedness of the Company consists of various accounts payables,trade debts and employees obligations with the total amount of $1.492.875.
I believe that the Studios and NeuLion-Deluxe account for most of the debt.
As I mentioned before this was done as a preventive-defensive measure and not because our debts were called, we just plain run out of money and could not get any more financing and this is all we could do short of declaring Bankruptcy.
The $100.000 loan from Routhier will allow SIO to continue till the monies from the LOI are received.
3D-LLC has five business days to examine-investigate the Purchase before declaring themselves satisfied following that with the disburse of the Purchase Price.
So after the Motion was approved the clock started ticking and should be close to the five days.
Like I mentioned there are clauses here and there that swing.
It is expected if properly liquidated in the context of the Sale Process,instead of a “go in the dark” scenario, the Company Business and assets will yield higher value, “especially if such business is to continue”, the whole to the benefit of the Company stakeholders.
There are many other but I`m not going over the whole thing again.
So if one were to say that this process will allow us (if done properly) to continue and give 3DGo another go one would be right, the Court has approved the Motion and there are many clauses on the Orders that leads you that way.
If not,we could sell more patents if necessary,or we could sell the whole thing and cease to be.
What I see is that we were given another chance to survive, hopefully with Deloitte`s extra set of eyes and with them in our backs we may make it, in any case we should recoup a few cents if things don`t work out. I imagine that Deloitte wont let it go too far if things don`t work out and will stop the process and try to get as much as possible from any sale.
Something that amazes me is that at no time neither Routhier or Choquette the two biggest salaries volunteered to stop their earnings till things get better.
And what about LaBerge ?, nothing at all after 16 years?, there are no provisions for him at all.
My far fetched thoughts are that he`ll get a job with with 3D-LLC and that a bonus was worked out through them, I haven`t assumed for a long time.
On a final note I watched another movie last night, still say we have a great product.
Polebrook:
In regards to your question:
On the Orders #5 the Court orders and declares that this order shall constitute the only authorization required by the Petitioner to proceed with the transactions and no shareholder or regulatory approval if applicable shall be required in connection therewith.
Cheers