Tuesday, November 20, 2012

Adkins Denied!

This is a significant ruling concerning Adkins claim that GreenShift had violated a contract and therefore they could not be sued for patent infringement. 
 
Although CleanTech admits that it failed to install a corn oil extraction system at Adkins’ Lena facility, the terms of the Agreement required Adkins to obtain the necessary permits before CleanTech was required to construct the system. Dkt. No. 12, Ex. A, at 4. There is no evidence in the pleadings that Adkins had obtained the requisite permits and the Court is not inclined to infer this condition precedent from the other facts that are established by the pleadings.

As a result, Adkins has not established its substantial performance under the Agreement or that CleanTech breached its terms. Therefore, Adkins’ Motion must be DENIED

See Here
 
SkunK

It appears to this non-expert , non-lawyer, to be P-Poor lawyer-ing on the part of the defense.  This is not the first time we have seen this, and hopefully it will not be the last.  The judge said  "There is no evidence in the pleadings that Adkins had obtained the requisite permits . . ."  Well brother, who's job was it to check that off the checklist?  Just saying the obvious . . .

16 comments:

Anonymous said...

maybe adkins ass will be the new financing?

by techguess said...

ok slash,

this news event has come and gone...

no gers benefit from producer high marks...

what is the gers stock doing?...

consolodating?

Anonymous said...

GERS is not exactly promising after the quarterly report. Notice dilution continues. Notice they only need pay YAGI $1.6 million this year and they only paid $0.6 million. There MAY? be interim financing until they get financing FROM YAGI AGAIN!

GERS paid more to lawyers than they paid on the $46 million debt that is on short term notice. YAGI will scald GERS a little more before granting slack, which means more dilution to come.

Also, the list of entities gaining debenture conversion rights continues to grow as YAGI is using GERS debt to pay off YAGI debt by assigning their debt over.

Oh, that is right, YAGI cannot own more than 4.99% of the stock at any given time. Oh, but YAGI may continue to dilute the stock by converting debentures into stock and then assigning that stock to others so it is not in YAGI's name.

SOMEONE TELL ME WHAT IS GOING ON HERE? All I SEE FOR SURE IS 80% OF THE NON-DILUTED STOCK IS OWNED BY KK, EC AND KK'S FATHER.

Anonymous said...

Quite an interesting defense argument about the effluent from the centrifuge component inclusion.

Provost comes back to haunt. Getting around Provost may not be so easy.

Anonymous said...

Want investment advice? Buy Smith and Wesson.

Anonymous said...

really nobody? 8 am thanksgiving morning? give it a rest

Anonymous said...

i heard nobodys mom got pregnant by k.k. and he hasnt paid child support in years

Anonymous said...

^hahahahahhaha

nobody12378 said...

I am afraid it is not that simple. I was told directly by GERS' principals last June that new financing and getting the PPS higher were two major objectives for the near term. I suspect that they have worked in earnest to accomplish this but factors beyond their control have made this impossible. That said, we must accept the fact that there is not new financing on the horizon, while knowing this was a major objective as a statement of how potential financiers view GERS. In other words, we must conclude that they have been turned down, at least on terms that GERS considers reasonable. My point for the last month, as the clock ticks down on the terms of the YAGI note, is that this is not a positive sign at all. Potential investors do not view GERS' potential as highly as those holding the common stock -- there is no other conclusion possible and that is troubling as these investors would be afforded data and an understanding of GERS' business that we do not have.

By the way where are the pied pipers that climbed the ramparts to tell how us how good the Q3 was going to be because of the COE business of our customers?

Anonymous said...

Hey all you 20 percenters. Listen to nobody12378 this time and make some hay while the sun shines, or not. If you think antone other than YAGI runs this company, go buy property in southern Louiziana, or New Jersey. YAGI rocks right?

Anonymous said...

hahaha nobody is a joke,dude posts online 24/7 what a loser

Anonymous said...

yea we all know she is a loser...just bashes the stock

Anonymous said...

Having fun now 20 percenters?

Anonymous said...

20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%

Anonymous said...

100 percent of the 20 percenters think your an asswhole

Anonymous said...

Please girls let's keep it business

 
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