posted on
Sep 15, 2009 05:56PM
Message: Feb 15th
You said: Based on the change in the agreement with Samsung and the final resolution by late October, looks like the information will fall into the last quarter of the calendar year. The SEC data for that quarter will be due mid February. A 3 month delay from the previous date we expected. Perhaps they will be given permission to release more details than prior settlements providing the investor community with positive information. From today’s pacer: e.Digital and Samsung have executed a Settlement Agreement. Pursuant to that agreement, Samsung agreed to comply with certain obligations by October 19, 2009. This means to me that the agreement is final as it stands right now. I would assume that if Samsung does not comply with its "certain obligations" by 10/19, then DM has an ‘out’ from the agreement and the case continues without a dismissal. I think this scenario would be highly unlikely, but an ‘out’ is an ‘out’ and is surely there to protect DM/EDIG in case Samsung should not (for whatever reason) follow through. Personally I think that whatever this means will come to light when Samsung performs its obligations. That is I think it will be something public like a buyout, an equity stake, or something else. I still can’t wrap my head around a buyout situation but it does seem more like a possibility than it did before. If I’m right, then we should know by 10/19/09 and won’t have to wait until 2/15/10. I also can’t imagine that this is all for some kind of accounting detail... else why not simply extend the stay without actually finalizing the agreement? Maybe DM/EDIG wouldn’t like the final numbers once presented by Samsung. I know I wouldn’t sign anything without knowing the exact number. But there is no question that this is a VERY interesting and head-scratching development. - Sinkman
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