Is that when you will quit? When everyone's done in? Is that what you wish to contribute toward? Would that represent triumph for you?
Why not face it, your boys just want a settlement if Zulu gets big again. I'm sure they think it prudent to have a lawsuit waiting in the wings? Incidentally, have formal papers been filed? Has everyone been deposed? Is the case ready to move forward into trial? Of course not! They want a settlement.
It's not enough for them to do well by the shares they own. Their egos are bruised. It's obvious. I'd venture to think that they think Zulu will pay 'em off just to get rid of 'em. 'Cause they're going to block Zulu every step of the way and be real pesky critters--just like you!
Forget it! Jon, you're not going to get your wish. Your act will be an act of the past and will be miniculed by Zulu's future success.
"The Next Act
Smith acknowledged the company's history of troubles, including a lack of communication with investors, but stressed that the company will mend its ways.
"Our plan is to go forward with the merger and go back to the investors," said Smith. "It's what we wanted to do in March and April, but we just stubbed our toes for awhile."
He insisted that any attempts by former Softbank Interactive executives to block the completion of the Zulu-Tek and Enhanced Services merger will fail. The former executives are correct in their assertion that the assets of ZuluMedia may not be sold without their consent, he said, but that point is moot. Enhanced plans to acquire the assets of Zulu-Tek, not ZuluMedia. Zulu-Tek owns 75 percent of ZuluMedia's stock.
"Zulu-Tek is selling Enhanced its shares of ZuluMedia. You can't prevent a shareholder from selling his interest," Smith said.
While lawyers wrangle with the details of the proposed merger, the company is proceeding as though it's a done deal.
Following a hiatus lasting several months, it is briefing analysts again, said Smith. Charles Payne, head analyst at research firm Wall Street Strategies, said he read over some promotional materials sent to him by Enhanced and "likes the story," although he has yet to do any deep research or meet company executives. The company would not name any other analysts it had contacted.
Smith also pointed to another pending acquisition as proof of the company's forward-looking strategy.
In June, a Connecticut-based company called eCommerce Corporation signed a letter of intent to be acquired by Enhanced Services in a mixed stock and cash deal. ECommerce develops online catalogs that come equipped with the capability to complete a sale online. The company has built catalog sites for an impressive list of clients, including Yahoo, Sports Illustrated, and Simon & Schuster. It projects revenue of about a $1 million in 1998.
ECommerce's founder and CEO, Lance Estes, said that Hayton and executives from Enhanced Services approached him about three months ago, after eCommerce sent out feelers for seed money. Estes was immediately excited by the prospects of a deal with Enhanced/Zulu, because it would give eCommerce access to the clients in Zulu-Tek's ad network.
"Our client list is very nice, and their client list is very nice," he said. "It's a very symbiotic relationship."
Estes said he researched Hayton's past and remained undaunted. "He's done some great deals in the past. You guys make him out as the beast, but we don't see him as the beast. Nobody's going to put that much money into a company and then run it into the ground."
Estes also said he was aware of the evictions, and the various outstanding judgments and liens, but brushed them off as the by-product of growing pains in a promising start-up.
"I don't know if I can go into Pat Hayton's logic, but there's a logic to the plan. All bills will be paid and everything will be taken care of.'" |