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CHAPTER 11 TRUSTEE SOUGHT FOR CDC

cdc software logoThe fact CDC Software reported a wider loss on flat revenue for the third quarter ended September 30 is probably less important than events in bankruptcy court. Earlier this month, a United States trustee and CDC debtholders both moved for the appointment of a Chapter 11 trustee. Meanwhile NASDAQ implemented a move that turned a trading halt for the company’s stock to a suspension that went into effect on December 12. The Class A shares moved to the pink sheets.
A hearing is scheduled for January 12 on the company’s effort to reverse the NASDAQ action. CDC Software, I remind people, markets the Ross ERP and Pivotal CRM lines. In more usual news, the net loss for the quarter was $2.9 million, up from $508,000 in red ink a year earlier. Revenue for the most recently ended period was just over $53 million, down from $53.4 million in last year’s corresponding period. Back to the fun stuff. CDC got to Chapter 11 in what can only be described as bizarre way to get there. Last year, it told the holders of $43.4 million in exchangeable convertible notes that their redemption option was no longer valid. That was because the company negated the provision the prior month. A group of funds under the name of Evolution sued and got a $65 million judgment out of that one and CDC Software’s parent, CDC, filed Chapter 11 in case it has to pay. During the hearing, a judge found its CEO Peter Yip lied under oath. Board members then voted to remove Yip but back off after he threatened to sue. That lead an investor group to demand the board reverse its action or resign and to NASDAQ’s decision to move in.
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