Brady, Aleta and Jon--please read very, very carefully!
BMW just recently posted this on ESVS/Yahoo. It confirms what I have been saying all along:
>>>Taken from Esvs 8k.
3.17 Litigation. Except as set forth on Exhibit 2.10, as of the date of this Agreement, there is no litigation or proceedings pending or, to the best of the knowledge of ZULU-tek's stockholders and ZULU-tek's directors and officers, threatened against ZULU-tek or any of its assets or properties. To the extent that after the date hereof ZULU-tek shall become aware that such claims or litigation shall be initiated or threatened with respect to this transaction or any actions of ZULU-tek, it shall promptly advise ENHANCED thereof.<<<
I guess an employee/employee contract termination dispute does not qualify as a deemable instance of "fraud" in so far as the SEC is concerned. But Mr. Colvin's contract dispute with Zulu certainly has served the purposes of Zulu revisionists and distortionists quite well, wouldn't all agree?
And, furthermore, is Mr. Colvin's action still active? Was there a settlement? Did he drop his action?
And, Brady, were you really, really, really talking about Mr. Colvin when you made your remark? Mr. Colvin is a usage quite singular, whereas "ex-simmers" is a usage quite plural, plus you further qualified this plurality by including the term "they."
I rest my case.
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