AmigaHeretic wrote:
Not sure how it is a "checkmate" exactly. Looking at the 2nd PDF, the ITEC one, there seem to be two strange things...
1. There is NO signed contract giving rights to ITEC that I can see, at least not that Hyperion signed. There is only the original 2001 contract as always that was signed with Amiga Inc #1. Aren't they claiming that Hyperion signed a deal with them, yet they have no copy of the deal?? Maybe I'm missing something?
Exhibit A is the April 24, 2003 contract between Itec and Hyperion, it is signed by Ben Hermans (for Hyperion) and Kouri (for Itec). Hyperions latest tactic is to say that they did not agree to the transfer to KMOS and any money from KMOS (or anyone but Itec) doesnt count towards the buy back.
2. And this seems very strange. There is a copy of an uncashed check for $25,000 dated 06/20/07 ?? 2007 is that right? What does an un-cashed check prove? That they didn't pay? Or that NOW they are willing to pay the full amount?
Back in April and May of 2003, Itec, Tachyon and McEwen sent a total of $24750 for the buyback to Hyperion. Hyperion invoiced Itec for $22500, though they should have only invoiced them for $22,250 and say that McEwens money doesnt count and also really dont think the Tachyon money ($2250) should count either. Since them AI(D) or KMOS has paid an additional over $15K in effort to finalize the buyback deal, Hyperion is now claiming in court that money from KMOS etc, doesnt count. So to be sure, Itec sent an Itec check for $25K before the 6 months had elapsed from December 2006 (we're done) announcement to Hyperion, Hyperion made a copy of the check to include in there countersuit showing they did indeed receive it and then sent it back. Itec is now suing to get the goods so they can finally deliver them to AI(D) (ie KMOS) who they sold them too.
-Tig
