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Judge Gross Approves Sale of SCO's Assets to UnXis; Gives Novell 14 Days to Appeal

By Pamela Jones et al.

Judge Kevin Gross, presiding over the SCO bankruptcy, has just approved the sale of SCO's assets to unXis:

03/07/2011 - 1252 - Memorandum Opinion Re Sale Motion (related document(s) 1141 ) (MDW) (Entered: 03/07/2011)

03/07/2011 - 1253 - Order (WITH REVISIONS) (A) Approving the Sale Of Substantially All Of The Debtors Software Product Business Assets Free And Clear Of All Liens, Claims, Interests And Encumbrances, (B) Approving Assumption, Assignment, And Sale Of Certain Executory Contracts And Unexpired Leases, and (C) Granting Related Relief (related document(s) 1141 ) Order Signed on 3/7/2011. (MDW) (Entered: 03/07/2011)

He ruled that the 1995 APA [PDF] is not executory. I trust you are not surprised. He telegraphed his intentions, to me anyway, at the hearing.

I expect Novell will immediately appeal. You will notice that on page 11 of the Order there is a 14-day waiting period, so it can do so, something Novell requested at the hearing. When the judge said he'd have to make sure Novell had that time, I knew how he would rule.

Full post as published by Groklaw on March 07, 2011 (boomark / email).