Re: Software Contracts

["William Washington III" <w.washington@xxxxxxxx>]

I'm not a lawyer, but I think that if Gores keeps SSA's side of the
contractual obligations, the customer must also.  Gores would renegotiate
only if they could not keep the obligations of the existing contracts.
Customers could sue for specific performance otherwise.

This is how companies (Computer Associates is a good example) can acquire
companies and get the cash flow from existing contracts.  It makes no
difference if the acquired company is in bankruptcy or not.

Hope this helps...

William

----- Original Message -----
From: "Chris Roberts" <bpcs@cryonix.demon.co.uk>
To: <BPCS-L@midrange.com>
Sent: Friday, August 18, 2000 6:54 PM
Subject: Software Contracts


>
> Hi,
>
> I've been puzzling with the questions below for a few days:
>
> With the formal acquisition of SSA by Gores to form the SSA Acquisition
> Corporation, has anyone on the list received letters from SSA asking them
to
> re-negotiate existing software contracts post-gores takeover?
>
> With the company (SSA) name change and SSA going into bankruptcy, doesn't
> this in effect invalidate existing contracts thus allowing the new company
> to re-negotiate? I'm particularly alarmed by the recent posting of
customers
> who have received software to monitor application usage - another means
put
> the software user(s) at a disadvantage.
>
> Please feel free to drop me an Email rather than post to the list.
>
>
> Regards
>
> Chris.
>


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