.NET News Desk
SCO Files Chapter 11 Reorganization Plan
A step on the company's path to emerging from the protective cover of bankruptcy, going private, and rejoining the fight over Li
Mar. 12, 2008 12:00 PM
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SCO filed a Chapter 11 Reorganization Plan and Disclosure
Statement with the bankruptcy court in Delaware on Friday, a step on the
company’s path to emerging from the protective cover of bankruptcy, going
private, and rejoining the fight over Linux.
Pending court approval, the 63-page document says SCO is
going to pay off all its qualified creditors in full on the plan’s effective
date – well, at least the ones that aren’t counting on a windfall by way of litigation.
It will also seat a new board and, possibly, enthrone a new CEO.
It looks, however, like there’s gonna be two entities once
SCO’s out of Chapter 11: one that pursues the myriad litigation (what the plan
calls the SCO Group) and the other that minds the Unix store (what the plan
calls Reorganized SCO).
Steve Norris, the billionaire co-founder of the famed
Carlyle Group, the guy who as Stephen Norris Capital Partners raised the $100
million going into taking SCO private, will own at least 51% of the Unix store,
with dibs on the litigation piece.
Any assets that the litigation arm manages to accrue won’t
be transferred from one pocket to another until somewhere down the road when “all
Disputed Claims and, in particular, any claims held by Novell, IBM, Red Hat or
AutoZone, are finally Allowed or Disallowed pursuant to Final Orders.”
That way Norris’s assets and those of his rich friends in
the Middle East who are kicking in the money
would be protected.
Norris and friends are paying $5 million for control of SCO:
$2 million goes to existing shareholders and their new stock goes into a trust
awaiting resolution of the litigation.
The other $3 million goes into running SCO, which could
emerge with a new name, and pursuing the company’s Unix and mobile interests.
(SCO says one large prodigal Italian account has just said it’s coming back to
the SCO OpenServer fold after dallying with Linux and Microsoft.)
Meanwhile, the litigation gets to draw as needed against the
remaining $95 million line-of-credit pursuing SCO’s suits against Novell, IBM
and AutoZone and answering Red Hat’s suit against SCO.
How much of the company Norris and his pals wind up with
depends on how successful the litigation is.
Given that the whole point of the exercise is the litigation
it’s probably safe to assume two things: first, that they’ll whistle up legal
reinforcements to backstop SCO’s famous lawyers, Boies Schiller & Flexner,
and second, that that $95 million is not a hard stop.
This might be one time that IBM’s legal staying power has
met its match.
A hearing for approval of the Disclosure Statement is set
for April 2 in Delaware.
There’s a copy of the reorganization plan on SCO’s site at
http://sco.com/compant/news/investor/reorg_plan.html.
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