RNS Number : 8245U
xG Technology Inc.
22 October 2010
Additional shareholder loan facility clarification
Further to its announcement on October 8, 2010...The Company would like to clarify that..., Ceinwen Lloyd did not participate in discussions concerning the transaction in its final form and did not participate in the Directors' approval. The Company has since been informed that she would not have approved the transaction.
Poor old Johan. One minute he's playing mind games with Rick, vying for Alpha status. The next minute Rick's sidestepped him all together and dealt the deal that essentially separates Johan from all that lovely money he's put into
As we know, Rick and Johan's relationship was always 'challenging' - due to them both being arseholes. Richard Kromka explains in the court documents...
“Dealing with Treco’s and xG’s management presented an even more challenging scenario. Neither would communicate with the other, so Kromka many times had to serve as the go-between, which placed him in untenable situations.... Bohman and Lloyd avoided speaking directly to Mooers and told Kromka that the reason for this was to increase Mooers’ “insecurity” in their relationship and that they will only talk to Mooers when 'he ran out of cash' and they constantly discussed with Kromka the idea of suing Mooers and taking over xG”. Then when critical descisions had to be made they would “be out of communication with Kromka” entirely, leaving him hanging.I presume this is what happened here: There was a meeting but as per normal for xG the new clarification is fairly ambiguous in it's language. It says that the new loan was only approved by the 'majority' of board members. Hmm.
This could mean that only two of the remaining three directors approved it. I.e. it was a 1/2 split, which is now a 2/2 split. That could be interesting legally. On the other hand of course it could mean a 1/3 split, we may never know.
What is certain however is that Johan, as we assumed, wasn't happy. (If you are reading this - you can't say I didn't warn you....) And that this announcement is an on-record strengthening of their legal position, in preparation for the shit hitting the fan, when Rick activates his 'failure to pay himself' plan.