Bert Responds
Message ID: 335523
Posted By: heimdal31
Subject: Bert Responds
Some of you may remember that I had asked Bert Young a question at the CC back before Christmas. I got a response from him last Wednesday but was waiting to see if there was a response to my followup question.
Response from Bert below with only e-mail and phone numbers obfuscated. My followup in the next e-mail.
BEGIN QUOTE
Date: Tue, 3 Jan 2006 15:23:33 -0700
From: Bert Young <BERT YOUNG AT sco.com>
To: 'tim rushing' <XXXX AT threenorth.com>
Cc: 'Bert Young' <BERT YOUNG AT sco.com>
Subject: RE: Exhibit B of Common Stock Purchase Agreement (fwd)
Tim,
When we filed the S-1 we were required to file the common stock purchase
agreement as an exhibit to the filing - but I don't believe that we are
required to file exhibits or addendums to the 'exhibit' unless they have
material terms or conditions that need to be disclosed.....in our case,
since the reps and warranties were fairly standard (Exhibit B) - nothing
material to disclose - that is why they were not included.
Bert
Bert B Young
Chief Financial Officer - The SCO Group
801.932.XXXX BERT YOUNG AT sco.com
-----Original Message-----
From: tim rushing [mailto:XXXX AT threenorth.com]
Sent: Thursday, December 22, 2005 4:14 PM
To: BERT YOUNG AT sco.com
Subject: Exhibit B of Common Stock Purchase Agreement (fwd)
I had sent the following to investorrelations@sco.com, but it is not going
though at the moment. Not sure if it is becuase of the .info extension or
if it is just because SCO uses greylisting on their e-mail.
So, if you get two of these, my apologies.
---Tim Rushing
---------- Forwarded message ----------
Date: Thu, 22 Dec 2005 16:38:36 -0600 (CST)
From: tim rushing <XXXX AT rushing.info>
To: investorrelations@sco.com
Subject: Exhibit B of Common Stock Purchase Agreement
This is an e-mail for Bert Young.
I was not sure what e-mail to use for him. In today's conference call he
had
asked that I e-mail him to get information on Exhibit B of the Common Stock
Purchase Agreement filed as Exhibit 10.43 of the S-1 filing with the SEC.
The S-1 filing is at
http://www.sec.gov/Archives/edgar/data/1102542/000110465905062327/0001104659
-05-062327-index.htm
Exhibit 10.43 with that filing is
http://www.sec.gov/Archives/edgar/data/1102542/000110465905062327/a05-22209_
1ex10d43.htm
Specifically Section 6 in Exhibit 10.43 says:
6. Representations and Warranties of the Company. The Company
represents and warrants to each Purchaser that, except as set forth in the
Company's Disclosure Schedule attached hereto as Exhibit B, as of the date
hereof and the Closing Date:
and then goes on to list SCO's "Representations and Warranties." However, I
was unable to find a copy of exhibit B in that filing. It is quite possible
that I missed it.
---Tim Rushing
This Yahoo! SCOX Message Board post has been licensed for copying and distribution under the following license:
CCL Attribution-NonCommercial-ShareAlike v2.0.