Sco Group Inc – SECURED SUPER-PRIORITY CREDIT AGREEMENT dated as of March 5, 2010 among The Bankruptcy Estates of The SCO Group, Inc., a Delaware corporation and SCO Operations, Inc., a Delaware corporation, by and through Edward N. Cahn solely in his capacity as Chapter 11 Trustee, as Borrower and as Lender (March 31st, 2010)SECURED SUPER-PRIORITY CREDIT AGREEMENT (this “Agreement”), dated as of March 5, 2010 (the “Effective Date”), by and between the Bankruptcy Estates of The SCO Group, Inc., a Delaware corporation (“SCO Group”), and SCO Operations, Inc., a Delaware corporation (“SCO Operations”) (SCO Group and SCO Operations are sometimes collectively referred to herein as “SCO”), by and through Edward N. Cahn, solely in his capacity as Chapter 11 trustee for the Bankruptcy Estates of SCO (“Trustee” or “Borrower”), and ____________________________________________, as Lender. This Agreement is executed in connection with the following facts:
Sco Group Inc – SECURED SUPER-PRIORITY CREDIT AGREEMENT dated as of March 5, 2010 among The Bankruptcy Estates of The SCO Group, Inc., a Delaware corporation and SCO Operations, Inc., a Delaware corporation, by and through Edward N. Cahn solely in his capacity as Chapter 11 Trustee, as Borrower and as Lender (March 18th, 2010)SECURED SUPER-PRIORITY CREDIT AGREEMENT (this “Agreement”), dated as of March 5, 2010 (the “Effective Date”), by and between the Bankruptcy Estates of The SCO Group, Inc., a Delaware corporation (“SCO Group”), and SCO Operations, Inc., a Delaware corporation (“SCO Operations”) (SCO Group and SCO Operations are sometimes collectively referred to herein as “SCO”), by and through Edward N. Cahn, solely in his capacity as Chapter 11 trustee for the Bankruptcy Estates of SCO (“Trustee” or “Borrower”), and ____________________________________________, as Lender. This Agreement is executed in connection with the following facts:
Sco Group Inc – IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE (August 6th, 2009)SCO Group, Inc. and affiliated entities (“SCO” or “Debtors”) filed these bankruptcy cases on September 14, 2007, seeking relief under Chapter 11 of the Bankruptcy Code. 11 U.S.C. §§ 101, et. seq. The Court has before it for decision the following motions (collectively, (1), (2) and (3) are referred to as the “Movants” and the “Conversion Motions”):
Sco Group Inc – PURCHASE AND SALE AGREEMENT (Asset Sale Pursuant to 11 U.S.C. Section 363) (June 24th, 2009)PURCHASE AND SALE AGREEMENT (including all Exhibits and Schedules, as the same may be amended from time to time in accordance with its terms, this “Agreement”), dated as of June 15, 2009, by and among THE SCO GROUP, INC., a Delaware corporation (“SCO Group” or the “Company”), SCO OPERATIONS, INC., a Delaware corporation and a wholly owned subsidiary of SCO Group (“SCO Operations”), SCO GLOBAL, INC., a Delaware corporation and a wholly owned subsidiary of SCO Group (“SCO Global”; together with SCO Group and SCO Operations, “Sellers” and each, a “Seller”), and UNXIS, INC., a Delaware corporation (“Purchaser”). Each Seller and Purchaser is referred to in this Agreement as a “Party” and collectively as the “Parties.”
Sco Group Inc – LEASE AGREEMENT between VREELAND SPVEF VENTURE, LLC Landlord and SCO GROUP, INC. Tenant Dated: August 5, 2008 Premises: A portion of the Building located at 25 A Vreeland Road, Florham Park, NJ 07932 (September 15th, 2008)THIS AGREEMENT OF LEASE dated August 5, 2008, between VREELAND SPVEF VENTURE, LLC, a Delaware limited liability company having an office address c/o Bergman Realty Corporation, 555 Route One South, Iselin, New Jersey 08830 (hereinafter called “Landlord”) and SCO GROUP, INC., a corporation having an office address of 355 South 520 West, Lindon, Utah 84042 (hereinafter called “Tenant”).
Sco Group Inc – SECOND AMENDMENT TO LEASE (March 17th, 2008)THIS SECOND AMENDMENT (the “Amendment”) made as of December 28, 2007, (the “Effective Date”) by and between GRE MOUNTAIN HEIGHTS PROPERTY LLC, a Delaware limited liability company, (“Landlord”) and THE SCO GROUP, INC., a Delaware corporation (“Tenant”).
Sco Group Inc – FIFTH AMENDMENT to SUBLEASE AGREEMENT DATED JANUARY 10, 2002 (March 17th, 2008)This FIFTH ADMENDMENT is entered into as of the Fourteenth (14th) day of December 2007 between Canopy Properties, Inc. (“Tenant”) and The SCO Group (“SubTenant”).
Sco Group Inc – AMENDMENT TO THE AMENDED AND RESTATED BYLAWS OF THE SCO GROUP, INC. (January 4th, 2008)The undersigned, in his capacity as the duly appointed and incumbent Secretary of The SCO Group, Inc. (the “Corporation”), hereby certifies on behalf of the Corporation that the following Amendment to the Amended and Restated Bylaws of the Corporation (the “Bylaws”) was duly adopted by the Board of Directors of the Corporation on December 31, 2007:
Sco Group Inc – UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE (November 8th, 2007)I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.
Sco Group Inc – UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE (November 8th, 2007)I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.
Sco Group Inc – SCO RECEIVES NASDAQ NOTICE LETTER (September 28th, 2007)LINDON, Utah — September 28, 2007 — The SCO Group, Inc. (the “Company”) (NASDAQ: SCOX), a leading provider of UNIX® software technology and mobile services, today announced it received a Nasdaq Staff Deficiency Letter on September 25, 2007 indicating that the Company fails to comply with the minimum bid price requirement for continued listing set forth in Marketplace Rule 4310(c)(4). The letter gives the Company notice that the Company’s bid price of its common stock has closed under $1.00 for the last 30 business days.
Sco Group Inc – THE SCO GROUP RECEIVES NASDAQ NOTICE LETTER Intends to appeal according to Nasdaq Marketplace Rule 4800 Series (September 19th, 2007)LINDON, Utah — September 19, 2007 — The SCO Group, Inc. (the “Company”) (NASDAQ: SCOX), a leading provider of UNIX® software technology and mobile services, today announced it received a notice from The Nasdaq Stock Market indicating that the Company’s securities will be delisted from Nasdaq on September 27, 2007, pending an appeal.
Sco Group Inc – The SCO Group FY 2007 Sales Compensation Plan (November 17th, 2006)For commission compensation, there is one quota containing Product, SES/SWIM, Engineering Services, Support, Professional Services, IP Compliance Licensing, and other UNIX products (“UNIX business”). There will also be one quota containing Me Inc. products and services, Shout, Edgeclick and other new revenue opportunities (“New business”). The quota and credit relief for both the UNIX business and New business will be based on revenue recognition for all products and services. The Sales Compensation Plan will be rolled out quarterly to the sales field to ensure that the objectives and deliverables outlined for traction with new mobility products is being attained.
Sco Group Inc – Notice of Grant of Stock Option for Executive Officers (November 17th, 2006)
Sco Group Inc – The SCO Group EMPLOYEE INCENTIVE BONUS PROGRAM (November 17th, 2006)
Sco Group Inc – The SCO Group, Inc. (June 8th, 2006)Re: First Amendment (this “Amendment”) to the Letter Agreement dated October 31, 2004 (the “Original Letter Agreement”) among The SCO Group, Inc. (the “Company”), Boies, Schiller & Flexner LLP (“BSF”), Kevin McBride, and Berger Singerman (together, the “Three Original Firms”)
Sco Group Inc – The SCO Group FY 2006 America Sales Compensation Plan (January 27th, 2006)For commission compensation, there is one quota containing Product, SES/SWIM, Engineering Services, Support, Professional Services, IP Compliance Licensing, Me INC., and other products such as My SQL, Microlite and Cymphonix. The quota and credit relief for revenue against this quota are based on the following:
Sco Group Inc – The SCO Group EMPLOYEE INCENTIVE BONUS PROGRAM 2006 Fiscal Year (January 27th, 2006)
Sco Group Inc – Notice of Grant of Stock Options (January 27th, 2006)Notice is hereby given of the following option grant (the “Option”) to purchase shares of the Common Stock of The SCO Group (the “Corporation”):
Sco Group Inc – AMENDMENT NO. 5 TO THE CALDERA SYSTEMS, INC. 2000 EMPLOYEE STOCK PURCHASE PLAN (January 27th, 2006)This Amendment (the “Amendment”) No. 5 to the Caldera Systems, Inc., 2000 Employee Stock Purchase Plan (the “2000 Plan”) is executed by the undersigned, by and on behalf of The SCO Group, Inc., a Delaware corporation (the “Company”).
Sco Group Inc – COMMON STOCK PURCHASE AGREEMENT (December 22nd, 2005)THIS COMMON STOCK PURCHASE AGREEMENT (this “Agreement”) is dated as of November 29, 2005, among The SCO Group, Inc., a Delaware corporation (the “Company”), and the several purchasers named on the signature pages hereto (individually a “Purchaser” and collectively, the “Purchasers”).
Sco Group Inc – FOR IMMEDIATE RELEASE (September 19th, 2005)
Sco Group Inc – FOR IMMEDIATE RELEASE CONTACT: Blake Stowell The SCO Group bstowell@sco.com Tel: (801) 932-5703 (August 8th, 2005)
Sco Group Inc – Notice of Grant of Stock Options (July 15th, 2005)Notice is hereby given of the following option grant (the "Option") to purchase shares of the Common Stock of The SCO Group (the "Corporation"):
Sco Group Inc – THE SCO GROUP, INC. INDEMNIFICATION AGREEMENT (May 18th, 2005)THIS INDEMNIFICATION AGREEMENT (this "Agreement") is effective as of , by and between The SCO Group, Inc., a Delaware corporation (the "Company"), and (the "Indemnitee").
Sco Group Inc – Notice of Grant of Stock Option for Executive Officers (April 14th, 2005)
Sco Group Inc – The SCO Group EMPLOYEE INCENTIVE BONUS PROGRAM 2005 Fiscal Year (April 14th, 2005)
Sco Group Inc – FOR IMMEDIATE RELEASE Contact: (April 13th, 2005)
Sco Group Inc – AMENDMENT NO. 2 To The SCO Group 2000 EMPLOYEE STOCK PURCHASE PLAN (April 1st, 2005)This Amendment No. 2 to The SCO Group 2000 Employee Stock Purchase Plan (the “Amendment”) is executed by the undersigned, by and on behalf of The SCO Group, a Delaware corporation (the “Company”).
Sco Group Inc – CONFIDENTIAL STOCK OPTION GRANT INFORMATION (April 1st, 2005)Congratulations! The Compensation Committee of the Board of Directors of The SCO Group has approved the grant of an option for you to purchase 1,000 shares of The SCO Group at a purchase price of $4.85 (USD).
Sco Group Inc – CONFIDENTIAL STOCK OPTION GRANT INFORMATION (April 1st, 2005)Congratulations! The Compensation Committee of the Board of Directors of The SCO Group has approved the grant of an option for you to purchase 1,000 shares of The SCO Group at a purchase price of $4.85 (USD).
Sco Group Inc – AMENDMENT NO. 5 TO 1999 OMNIBUS STOCK INCENTIVE PLAN (April 1st, 2005)This Amendment No. 5 to the 1999 Omnibus Stock Incentive Plan (this “Amendment”) is executed by the undersigned, by and on behalf of Caldera Systems, Inc., a Delaware corporation (the “Company”).
Sco Group Inc – CONFIDENTIAL STOCK OPTION GRANT INFORMATION (April 1st, 2005)Congratulations! The Compensation Committee of the Board of Directors of The SCO Group has approved the grant of an option for you to purchase 1,000 shares of The SCO Group at a purchase price of $4.85 (USD).
Sco Group Inc – AMENDMENT NO. 6 (April 1st, 2005)This Amendment No. 6 to the 1999 Omnibus Stock Incentive Plan (this “Amendment”) is executed by the undersigned, by and on behalf of Caldera International, Inc., a Delaware corporation (the “Company”).
Sco Group Inc – AMENDMENT NO. 3 TO THE SCO GROUP 2000 EMPLOYEE STOCK PURCHASE PLAN (April 1st, 2005)This Amendment No. 3 to The SCO Group 2000 Employee Stock Purchase Plan (the “Amendment”) is executed by the undersigned, by and on behalf of The SCO Group a Delaware corporation (the “Company”).
