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Special Forums News, Links, Events and Announcements UNIX and Linux RSS News Ralph Yarro, SCO's "former Chairman" wants to loan SCO $2M Post 302396448 by Linux Bot on Thursday 18th of February 2010 12:30:02 PM
Old 02-18-2010
Ralph Yarro, SCO's "former Chairman" wants to loan SCO $2M

You've been expecting this, I'm sure. Ralph Yarro wants to loan SCO some money, $2 million, and the SCO trustee, Edward Cahn, wants to let him. It's all at "arm's length" and "in good faith" negotiations with this SCO insider, don't you know. So, does this mean nobody else wants to fund SCO? No potential buyers? Just Ralph? And Cahn asks the court to please shorten the time to handle the motion. Is SCO on its last legs or something?
The motion calls Yarro the "former Chairman" of SCO's board of directors. See all the stuff you can hide if you don't file MORs or with the SEC, despite being a public company? Say, didn't Cahn promise to file those MORs by now? What, they look too awful? Still, they're supposed to be filed. Well, well. SCO's MO seems to be catching. Delay, delay, delay while they keep their greedy hand reaching desperately for the brass ring.
"The Trustee is advised that Seung Ni Capital Partners, L.L.C. is a newly formed entity formed by Ralph J. Yarro III ("Yarro") and was created for the purpose of providing postpetition financing to the Debtors. Since Yarro is the former Chairman of the Debtors' Board of Directors and the Debtors' largest shareholder, Yarro is an insider pursuant to Bankruptcy Code section 101(31). See 11 U.S.C. § 101(31). The Trustee represents that at all times the negotiations among the Trustee, his advisors and Yarro were at arms-length and in good faith."
Wait. Look at page 2. It's a loan from Ralph in public and "other lenders from time to time". Uh oh. Page 3:
9. In accordance with the Credit Agreement, additional Lenders may also make loans to the Debtors under the Credit Facility from time to time.
Not another weirdo deal...We'd better look at the exhibits, which set forth the precise terms. I'll swing back by after I do that. My opinion of Judge Cahn sadly just went down a considerable peg. He's become an enabler now in my view, and while you don't despise a wife for being married to a drunk, if she buys the booze and covers for him when he's too drunk to go to work, is she not making herself part of the problem?

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CFREE(3)						     Linux Programmer's Manual							  CFREE(3)

NAME
cfree - free allocated memory SYNOPSIS
#include <stdlib.h> /* In SunOS 4 */ int cfree(void *ptr); /* In glibc or FreeBSD libcompat */ void cfree(void *ptr); /* In SCO OpenServer */ void cfree(char *ptr, unsigned num, unsigned size); /* In Solaris watchmalloc.so.1 */ void cfree(void *ptr, size_t nelem, size_t elsize); Feature Test Macro Requirements for glibc (see feature_test_macros(7)): cfree(): _BSD_SOURCE || _SVID_SOURCE DESCRIPTION
This function should never be used. Use free(3) instead. 1-arg cfree In glibc, the function cfree() is a synonym for free(3), "added for compatibility with SunOS". Other systems have other functions with this name. The declaration is sometimes in <stdlib.h> and sometimes in <malloc.h>. 3-arg cfree Some SCO and Solaris versions have malloc libraries with a 3-argument cfree(), apparently as an analog to calloc(3). If you need it while porting something, add #define cfree(p, n, s) free((p)) to your file. A frequently asked question is "Can I use free(3) to free memory allocated with calloc(3), or do I need cfree()?" Answer: use free(3). An SCO manual writes: "The cfree routine is provided for compliance to the iBCSe2 standard and simply calls free. The num and size argu- ments to cfree are not used." RETURN VALUE
The SunOS version of cfree() (which is a synonym for free(3)) returns 1 on success and 0 on failure. In case of error, errno is set to EINVAL: the value of ptr was not a pointer to a block previously allocated by one of the routines in the malloc(3) family. CONFORMING TO
The 3-argument version of cfree() as used by SCO conforms to the iBCSe2 standard: Intel386 Binary Compatibility Specification, Edition 2. SEE ALSO
malloc(3) COLOPHON
This page is part of release 3.44 of the Linux man-pages project. A description of the project, and information about reporting bugs, can be found at http://www.kernel.org/doc/man-pages/. 2007-07-26 CFREE(3)
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