I don't think that CALD would have any claim on the settlement proceeds. CALD and Caldera, Inc. have been separate legal entities since September 1, 1998. Their only remaining bond is common ownership. From the S-1:
We began operations in 1994 as Caldera, Inc. In July 1996, through an asset purchase, Caldera, Inc. acquired an additional business unit which was not engaged in developing and marketing Linux software. Caldera, Inc. subsequently made the strategic determination to separate its two business lines into separate entities and, effective September 1, 1998, sold the assets relating toits business of developing and marketing Linux software to Caldera Systems, Inc., a newly-formed corporation. Caldera Systems, Inc. has operated as a separate legal entity engaged in developing and marketing Linux software since September 1, 1998. |
