found this on
www.a1k.org:
The admin "aPEX" wrote:
Hallo,
mich erreichten dieses Wochenende hochbrisante neue Beweise gegen AInc.. Folgendes FAX von Gary Hare zeigt das AInc. 2003/2004 so bankrott war, das sie nicht mal ihre eigene Abwicklung zahlen konnten. Schickt das Dokument an Hyperion, an andere Foren, helft es weiter öffentlich zu machen, denn AInc. hat es vor Gericht NICHT eingereicht.
www.orderathome.de/amiga/20040908garry_hare_fax.tifa somewhat poor translation of mine:
Hallo,
at this weekend new high-exlosive evidences against AInc. have had reached me. The following FAX from Garry Hare shows, that AInc. 2003/2004 was so highly insolvent, that at that time they even were unable the pay their own insolvency proceedings. Please spreed this document to Hyperion and other forums. Please help to make it public, because AInc. DON'T have had added it to it's court documents (as they brought charges against Hyperion - remark of the translator).
I've taken the efforts to rework the FAX into a more readable state:
AGREEMENT ON ACQUISITION OF SOFTWARE, CONTENT, CORPORATE
NAME AND BRAND, LOGO, TRADEMARKS, DOMAINNAMES, PATENT
RIGHTS AND OTHER INTELECTUAL PROPERTY("AGREEMENT")
AUGUST 30, 2004
This Agreement is made on the 30th day of August 2004 by and between KMOS Inc. a
Delaware corporation ("KMOS") with its address at 225 Foster Avenue Kentfield,
CA 94904 and Amiga Inc., a Washington corporation ("Amiga") with its address at
24403 256th Avenue SE, P.O Box 887, Ravensdale, WA 98051.
Recitals
A. Amiga is in default of a Loan Facility Agreement between it and Itec LLC
dated May 11. 2003 and a related Security Agreement between the same
parties dated July 3. 2003.
B. KMOS, Inc. has subsequently acquired all right, title and interest of
Itec LLC under said Loan Facility Agreement and Security Agreement, as a
result of which KMOS now has the right and to foreclose on all
intellectual property of Amiga pursuant to said Loan Facility Agreement
and Security Agreement.
C. Amiga has been unable to obtain funding to continue the business of
Amiga, and Amiga at present has no money to meet its obligations or to
pay for additional legal expenses, including legal expenses of
bankruptcy.
D. KMOS and Amiga, have agreed to resolve the issue of Amiga default, as
hereinafter set forth, in a manner that is fair to other secure and
senior creditors of Amiga including the employees of Amiga.
Agreement
1. Assignment of Assets. For good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, Amiga hereby transfers and
assigns to KMOS all of Amiga's right, title and interest in the following
assets:
(a) all rights to and revenue accruing to the intellectual property of
Amiga Inc., including but not limited to a]] software, applications
and services for the Amiga Operating System versions 1.0 through and
including version 4.0. as well as AmigaDE products and services,
including the Amiga Anywhere Content Engine (AACE). Amiga Anywhere
and associated services within the DE family of products (listed in
Schedule I);
Unfortunately this is only the first sheet, but it says enough ...
Here's a PDF to make things a little easier.
http://www.tech1computers.co.uk/downloads/faxprint.pdf
