Our third objection is in to SCO's
Notice of Cure Amounts, and it's the one you expected all along, from Novell. Like
EMC and then
Oracle, Novell says it can't figure out what SCO is proposing to do either, so it objects on these grounds:
Novell objects to the Notice and proposed assumptions and assignments on at least the following grounds: (1) as to certain items, the Notice is so cryptic as to make it impossible to determine to what agreements the Trustee is referring; (2) as to the cure amounts, because the Trustee and Debtors have not provided the information that only they can and that they are required to supply regarding certain of the contracts at issue (the "SVRX Licenses"), Novell cannot at this time verify the sums in the Notice, and in any event the Trustee must cure other monetary defaults that he does not even mention in the Notice; (3) as to the Trustee's intent generally, the Trustee cannot assume and assign any of the Debtors' agreements with Novell without assuming and assigning all of them, something the Trustee does not attempt to do; and finally, (4) as to some of the agreements the Trustee wishes to assume and assign, he must obtain, but cannot get, Novell's consent, and more generally, based upon (3) above, he must get, but cannot obtain, Novell's consent to be able to assume all of the Novell agreements he must assume if he is to be able to assume any.
So there you are. A perfect loop. In short, Novell moves to block. It doesn't consent to this going forward, and it's Novell's view that SCO must get its consent, which it won't give. And just in case the court forgot, Novell reminds it that SCO needs its consent to assign the APA:
15. Finally, and of the utmost importance, APA Section 9.5(c) expressly prohibits its assignment by SCO without Novell's consent.
So, no funny business, please, your honor.
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