Amiga, Inc. chose Hyperion's solution, of the four choices Amiga had--they chose the one solution that didn't ship. The other 3 shipped.
The makers of AmigaOS XL and Amithlon 1.0 didn't have an agreement with Amiga Inc i.e. H&P and co. has failed to sign the agreement with Amiga Inc.
Note that this same agreement was sign by Bernie himself.