- Section 2(b)(viii). Stowell said: "This a general representation that all information relating to SCO set forth in the Exchange Agreement or otherwise provided to BayStar in connection with the exchange transaction was, as of February 5, 2004, true and correct in all material respects.... SCO would have breached this representation if it provided BayStar materially false information or omitted to inform BayStar of material facts.... Again, BayStar has not provided SCO with details as to how it has allegedly breached this representation."
- Section 3(g): Required SCO to issue a press release about the transaction, and allow BayStar to review it. It also required SCO to file SEC documentation, and "not provide BayStar with material nonpublic information without its written consent or make further disclosures regarding the exchange transaction with BayStar (other than the press release described above). SCO would have breached this provision if it had failed under any of its obligations pursuant thereto. As is the case for the other provisions, BayStar has not provided specific information about how SCO allegedly has breached this provision."
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