So you want everything at once, do you, Terry? Well, good luck on getting that anywhere!
>>>1. How sound is the NHLT deal? Dead, for all I know.<<<
Do you know, Terry? Nope, you don't. OK.
>>>2. How sound is the e.Commerce deal? Hmmm....<<<
Call Zulu headquarters. Ask to speak to someone working on ecommerce. I bet you find someone--perhaps a woman named Terry, who used to be Roger Mincheff's assistant, or others--working on a prospective ZuluGroup.com ecommerce sector. How come, Terry? Try again.
>>>3. How sound is AutoTrak? Hmm........<<<
Good idea but on the back burner. I should have put major league baseball players on each cube of six nine-cubed sides of a Rubics Cube so you could twist out your own all-star line-up. Maybe AutoTrak will some day get off the ground; my cube idea didn't. So what, Terry?
>>>4. How sound is that ESVS NASDQ listing? Hmm.......<<<
Had the merger already happened, there wouldn't have been any delisting. You ever ask for a continuance in a trial? In this instance, we didn't get one because Zulu's assets were not yet firmly tucked into ESVS to avoid the delisting. Try again, Terry.
>>>5. How sound is that financing package announced in March? Hmm.<<<
Read the 10 SQB in August. A little over one million has been delivered, the remainder of the 20 million was supposed to be delivered on November 30, 1998--don't know how the merger not being done affects this. So if you're quoting March, Terry, you're out of date, Terry.
>>>6. How sound is that new ad technology, etc.? Hmmm... what ad sites, revenue from advertising?<<<
Well, you've gotten a taste of the ads, Terry. Don't worry, you'll eat again. Much of what's coming has to do with proprietary information, Terry. Read the following from the 10 SQB:
3.16 Patents, Copyrights, Etc. Exhibit 3.16 sets forth an accurate and complete list of all patents, copyrights, trademarks, trade names, trademark registrations, service names, service marks, domain names, licenses, formulas and applications therefor owned by ZULU-tek or its subsidiaries or used or required by ZULU-tek in the operation of its business, title to each of which is, except as set forth in Exhibit 3.16, held by ZULU-tek free and clear of all adverse claims, liens, security agreements, restrictions or other encumbrances. Except as set forth in Exhibit 3.16, ZULU-tek owns or possesses adequate licenses or other rights to use all patents, trademarks, trade names, service marks, domain names, trade secrets or other intangible property rights and know-how necessary to entitle ZULU-tek to conduct its business as presently being conducted. There is no infringement action, lawsuit, claim, or complaint or any written notice to ZULU-tek which asserts that ZULU-tek's operations violate or infringe the rights or the trade names, trademarks, trademark registrations, service names, service marks, domain names or copyrights, and
ZULU-tek is not in any way making use of any confidential information or trade secrets of any person, except with the consent of such person. Except as set forth in Exhibit 3.16, ZULU-tek has taken reasonable steps to protect its proprietary information (except disclosure of source codes pursuant to licensing agreements) and is the lawful owner of the proprietary information free and clear of any claim of any third party. ZULU-tek's proprietary rights are adequate of the conduct of its business substantially as now conducted without
known conflict with any rights of others. ZULU-tek will provide to ENHANCED upon ENHANCED's request a copy of all filings, registrations and other documents relating to any of the foregoing franchises, patents, copyrights, trademarks, trade names, trademark registrations, service names, service marks, domain names, licenses, formulas and applications.
>>>7. How long can the companies survive without revenue? Is this a
race against time now? How much time?<<<
Well, let's get the first 20 million in, see if they can get it up to 50 as has been alluded is possible, and see what happens at the end of 1999. You wanna quit now, Terry? Again, read the 10 SBQ, p. 11 (para 3) for financing info.
>>>8. What happened to ESVS' obligation to honor Zulu's debts,commitments?<<<
I don't think ESVS can pay Zulu's debts until they are merged, can they? Don't you normally buy your friend a drink after, not before, he or she arrives? Perhaps they're presently paying now for some of the minor operating costs. But anything heavy I bet would be deferred and paid subsequent to the merger. That don't work, Terry.
>>>9. If ESVS' breach causes Zulu to loses it goodwill, client base, and revenue base, what will be left for Zulu if this deal is unwound?<<<
How could this happen? The SEC filing states everything reverts back to Zulu if the deal is incomplete. Zulu could end up owing ESVS some debt money for operational services, but that would be collected much like a landlord gets back rent. That back rent, of course, isn't paid from landlords unilaterally taking over a tenant's possessions, i.e., Zulu's technology. This is why I've always, personally, believed Zulu as the better investment in case of such a disaster.
>>>PLEASE TELL ME SOMETHING CONCRETE THAT IS POSITIVE. THANKS.<<<
TERRY, ALL YOU'VE DONE IS ATTEMPT TO BREED MORE FEAR. WHAT'S POSITIVE IS THAT I'VE BEEN ABLE TO ANSWER EACH OF YOUR QUESTIONS!
Why not go back and read my last SI post. What do you want to be, the kind of guy who hangs around a tree after its first year of growth, complaining, "Hey, how come the second ring of the trunk hasn't circled yet?" Plus, Zulu's new in the woods. They'll eventually figure out how to bat the bugs back!
Terry, relax a bit. Do yourself what you seconded Fleabrain on over at ESVS/Yahoo. Relax. Chill out. Have a cool drink.
By the way, Fleabrain revived himself/herself after I complained they were only a ghost.. When he/she first posted I clicked the profile and Yahoo noted the poster did not exist, which usually implies someone used a name for one post only. But I guess he/she is no fleabrain afterall, and remembered his/her Yahoo password. Heck, I can't even do that!
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