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Old 07-19-2000, 04:26 PM
zapesochny
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I currently have a business which has signed a manufacturing agreement with another company. As part of the agreement, the other company has placed in escrow the source code needed for the manufacturing. Further, there is a provision in place allowing us to purchase that source code at any time. If the other company goes bankrupt, will the contractual provision allowing us to buy the source code still be valid?? How does bankruptcy affect that contractual obligation and the source code they've place in the escrow account??
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Old 07-23-2000, 12:53 AM
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<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by zapesochny:
I currently have a business which has signed a manufacturing agreement with another company. As part of the agreement, the other company has placed in escrow the source code needed for the manufacturing. Further, there is a provision in place allowing us to purchase that source code at any time. If the other company goes bankrupt, will the contractual provision allowing us to buy the source code still be valid?? How does bankruptcy affect that contractual obligation and the source code they've place in the escrow account??<HR></BLOCKQUOTE>

It will be up to the BK Trustee but since the source code would be an asset, the Trustee would most likely let you buy it.
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