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Archive for November, 2010

Courage – A Salute to a “Medal of Honor” Winner – Why have you not seen this in the news

Posted in US Armed Forces, tagged , on November 30, 2010| Leave a Comment »


Courage.

You’re a 19 year old kid.

You’re critically wounded and dying in the  jungle somewhere in the Central Highlands  of Viet Nam.

It’s  November 11, 1967.   -LZ (landing zone) X-ray.

Your unit is  outnumbered 8-1 and the enemy fire is so  intense, from 100 yards away, that  your CO (commanding officer) has  ordered the MedEvac helicopters to stop coming  in.

You’re lying there, listening to the enemy machine guns  and you know you’re not getting out.

Your family is half way around the world, 12,000  miles away, and you’ll never see them again.

As the world starts to fade in and out, you know this is the day.

Then – over the machine gun noise – you faintly hear that sound of a helicopter.

You look  up to see a Huey coming in. But … It doesn’t  seem real because no MedEvac markings are on it.

Captain Ed Freeman is coming in for you.

He’s not MedEvac so it’s not his job, but he heard the radio call and decided he’s flying his Huey down into the machine gun fire anyway.

Even after the MedEvacs were ordered not to come. He’s coming anyway.

And he drops it in and sits there in the machine gun fire, as they load 3 of you at a time on board.

Then he  flies you up and out through the gunfire to the doctors and nurses and safety.

And, he kept coming back!! 13 more  times!! Until all  the wounded were out. No one knew until the  mission was over that the Captain had been hit 4 times in the legs and left arm.

He took 29 of you and your buddies out that day. Some would not have made it without the Captain and his Huey.

Medal  of Honor Recipient, Captain  Ed Freeman, United States Air Force, died last Wednesday at the age of 70, in Boise, Idaho ..
May God Bless and Rest His Soul.

I bet you didn’t hear about this hero’s passing,  but we’ve sure seen a whole bunch about Michael Jackson, Tiger Woods and the bickering of congress over Health Reform.

Medal of  Honor Winner Captain Ed Freeman

Shame on the American media !!!

Now … YOU pass this along to YOUR mailing list.  Honor this real American.

Please.

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Update- Emergent Game Technologies, Inc. -Bidding Process – Procedures for the sale of certain Assets and Intellectual Property

Posted in boic, Distressed Intellectual Property, Gerbsman Partners, google, Inetellectual Property, Intellectual capital, LinkedIn, Technology, Venture Capital, Venturebeat on November 27, 2010| Leave a Comment »


Update to Bidding Process – Procedures for the sale of certain Assets and Intellectual Property of Emergent Game Technologies, Inc.

Further to Gerbsman Partners e-mail of November  22, 2010 and November 12, 2010 regarding the sale of certain assets of Emergent Game Technologies, Inc., I attach the legal documents and wire transfer information  that we will be requesting of bidders for certain assets of Emergent Game Technologies, Inc. All parties bidding on the assets are encouraged, to the greatest extent possible, to conform the terms of their bids to the terms and form of the attached agreements.  Any and all of the assets of Emergent Game Technologies, Inc. will be sold on an “as is, where is” basis.  I would also encourage all interested parties to have their counsel speak with Stephen O’Neill, Esq., counsel to Emergent Game Technologies, Inc.

As indicated in the email of November 12, 2010, Gerbsman Partners (www.gerbsmanpartners.com) has been retained by Venture Lending & Leasing V, Inc. (“WTI”), the senior secured lender to Emergent Game Technologies, Inc., (“EGT”), (www.emergent.net) to solicit interest for the acquisition of all or substantially all of EGT’s assets, including its Intellectual Property (“IP”), in whole or in part (collectively, the “EGT Assets”).  Please be advised that the EGT Assets are being offered for sale pursuant to Section 9-610 of the Uniform Commercial Code.  Purchasers of the EGT Assets will receive all of EGT’s right, title, and interest in the purchased portion of WTI’s collateral, which consists of substantially all of EGT’s assets, as provided in the Uniform Commercial Code.

The sale is being conducted with the cooperation of WTI and EGT. EGT has advised WTI that it will use its best efforts to make its employees available to assist purchasers with due diligence and assist with a prompt and efficient transition at mutually convenient time.

For additional information please contact Stephen O’Neill, Esq., of Murray & Murray counsel to Emergent Game Technologies, Inc. He can be reached at 408 907 9200  and/or at soneill@murraylaw.com

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the EGT Assets.  Sealed bids must be submitted so that they are actually received by Gerbsman Partners no later than Friday, December 10, 2010 at 3:00 p.m. Pacific Time (the “Bid Deadline”) at EGT’s office, located at 5016 N. Parkway Calabasas, Suite 210, Calabasas, California 91302.  Please also email steve@gerbsmanpartners.com with any bid.

Since Bids are due on December 10, 2010, the due diligence schedule is filling up and the team would encourage all interested parties, if interested, to schedule a time slot in the due diligence schedule at the company headquarters in Calabasas, CA.

For your convenience, I have restated the description of the Updated Bidding Process.

The key dates and terms include:

The Bidding Process for Interested Buyers

Interested and qualified parties will be expected to sign a nondisclosure agreement (attached hereto as Exhibit A) to have access to key members of the management and intellectual capital teams and the due diligence “war room” documentation (the “Due Diligence Access”).  Each interested party, as a consequence of the Due Diligence Access granted to it, shall be deemed to acknowledge and represent (i) that it is bound by the bidding procedures described herein; (ii) that it has an opportunity to inspect and examine the EGT Assets and to review all pertinent documents and information with respect thereto; (iii) that it is not relying upon any written or oral statements, representations, or warranties of WTI,  Gerbsman Partners, or EGT, or their respective staff, agents, or attorneys; and (iv) all such documents and reports have been provided solely for the convenience of the interested party, and WTI, EGT, and Gerbsman Partners (and their respective, staff, agents, or attorneys) do not make any representations as to the accuracy or completeness of the same.

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the EGT Assets.  Sealed bids must be submitted so that they are actually received by Gerbsman Partners no later than Friday, December 10, 2010 at 3:00 p.m. Pacific Time (the “Bid Deadline”) at EGT’s office, located at 5016 N. Parkway Calabasas, Suite 210, Calabasas, California 91302.  Please also email steve@gerbsmanpartners.com with any bid.

Bids should identify those assets being tendered for in a specific and identifiable way.

Any person or other entity making a bid must be prepared to provide independent confirmation that they possess the financial resources to complete the purchase where applicable.  All bids must be accompanied by a refundable deposit check in the amount of $250,000 (payable to Venture Lending and Leasing V, Inc.).  The winning bidder will be notified within 3 business days of the Bid Deadline.  Unsuccessful bidders will have their deposits returned to them within 3 business days of notification that they are an unsuccessful bidder.

WTI reserves the right to, in its sole discretion, accept or reject any bid, or withdraw any or all of the assets from sale.  Interested parties should understand that it is expected that the highest and best bid submitted will be chosen as the winning bidder and bidders may not have the opportunity to improve their bids after submission.

WTI will require the successful bidder to close within a 7 day period.  Any or all of the assets of EGT will be sold on an “as is, where is” basis, with no representation or warranties whatsoever.

All sales, transfer, and recording taxes, stamp taxes, or similar taxes, if any, relating to the sale of the EGT Assets shall be the sole responsibility of the successful bidder and shall be paid to WTI at the closing of each transaction. For additional information, please see below and/or contact:

For additional information, please see below and/or contact:

Stephen O’Neill, Esq.
(408) 907-9200
soneill@murraylaw.com

Steven R. Gerbsman
(415) 456-0628
steve@gerbsmanpartners.com

Dennis Sholl
(415) 457-9596
dennis@gerbsmanpartners.com

Kenneth Hardesty
(408) 591-7528
ken@gerbsmanpartners.com

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Fenwick & West 3Q 2010 Venture Capital Survey

Posted in Economy, Fenwick & West, Investments, Market research, National Venture Capital Association, Uncategorized, Venture Capital, tagged , , , on November 22, 2010| Leave a Comment »

Trends in Terms of Venture Financings In the San Francisco Bay Area (Third Quarter 2010)

http://fenwick.com/publications/6.12.1.asp?vid=15&WT.mc_id=2010.Q3_VCS_BK_EMAIL

We hope you find this information useful and would be happy to answer any questions you might have regarding the surveys.

Regards,
Barry Kramer
Michael Patrick – Fenwick & West

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Microsoft, Facebook strengthen partnership

Posted in Board Of Intellectual Capital, boic, tagged , , , , , , on November 22, 2010| Leave a Comment »

Article from SFGate.

“Microsoft Corp. and Facebook Inc., the onetime technology king and the claimant to the throne, are forming an increasingly unified front in the battle for industry supremacy against Google Inc.

The software and social-networking giants have announced a series of partnerships in recent months, including the integration of Facebook user data into Microsoft’s Bing search engine results and the use of its Office applications in the Palo Alto company’s planned communications service.

No single initiative announced so far represents a clear game changer, analysts say. But the Redmond, Wash., software company lends some hefty industry support to a Facebook vision of the Internet that’s far different from the one that fostered Google’s rise, some argue.

‘Substantial threat’

“When you add all of these (collaborations) up – and there seem to be more of them every week – then it really is a very substantial threat to Google,” said Ray Valdes, an analyst with Gartner Inc.

He and others believe that cues in social networks, like a friend’s links and “likes,” are becoming increasingly important guides to the Internet experience, which could over time undermine the importance of the online searches that Google has long dominated. If so, it might become increasingly difficult for Google to sustain the growth in its core business and it could give Bing a powerful advantage, because its search results now incorporate friends’ preferences.

But, of course, those are all big ifs, mights and coulds.

For one, it assumes that Google won’t develop its own social capabilities – an effort it’s known to be pouring resources into after several whiffs – or strike a similar deal with Facebook. It’s unclear whether Google would want a partnership that would grant its competitor so much credence, or whether the Bing relationship is an exclusive one. Microsoft referred the question to Facebook, which didn’t respond to an inquiry from The Chronicle.

It’s also notable that even with the spectacular rise of Facebook, marked by a six-year sprint to more than 500 million users, Google’s advertising revenue from keyword searches continues to swell. Meanwhile, the Mountain View search behemoth is demonstrating an ability to generate money outside its core business, saying during a third-quarter conference call that display advertising and mobile revenue reached $2.5 billion and $1 billion, respectively, on an annualized basis.

“As the Web evolves – from mobile to video to display ads to cloud computing – our business grows with it, and the results speak for themselves,” a Google spokesman said.

Different philosophy

Google has stressed that its philosophical approach to technology differs fundamentally from those of key competitors, dubbing theirs an open system that allows users to control their information and other companies to adapt the software as they see fit. By extension, it has suggested or stated that companies like Facebook, Microsoft and Apple Inc. generally operate closed systems that tightly control user data and experiences.

“I worry … that the business structures are causing (companies) to keep too much private information,” Google Chief Executive Eric Schmidt said during an interview at the Web 2.0 Summit in San Francisco this week. “We’ve taken the position that user data is the user’s, and it should be possible for them to move it back and forth.”

Open, closed systems

There’s ample debate, however, over the appropriate definitions of open and closed systems, and whether Google sometimes acts like the latter when it fits its interests. Moreover, as Apple CEO Steve Jobs said last month, when discussing the highly popular and tightly integrated iPhone, closed systems sometimes win.

“The link between (Facebook and Microsoft), especially across applications and communications, can be a very powerful partnership,” said Tim Bajarin, president of Creative Strategies Inc. in Campbell.”

Read more here.

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Emergent Game Technologies, Inc. -Bidding Process – Procedures for the sale of certain Assets and Intellectual Property

Posted in boic, Gerbsman Partners, Inetellectual Property, Investments, Technology, Uncategorized, Venture Capital, Venturebeat, tagged , , , on November 17, 2010| Leave a Comment »

Bidding Process – Procedures for the sale of certain Assets and Intellectual Property of Emergent Game Technologies, Inc.

Further to Gerbsman Partners e-mail of November 12, 2010 regarding the sale of certain assets of Emergent Game Technologies, Inc., I attach the legal documents and wire transfer information  that we will be requesting of bidders for certain assets of Emergent Game Technologies, Inc. All parties bidding on the assets are encouraged, to the greatest extent possible, to conform the terms of their bids to the terms and form of the attached agreements.  Any and all of the assets of Emergent Game Technologies, Inc. will be sold on an “as is, where is” basis.  I would also encourage all interested parties to have their counsel speak with Stephen O’Neill, Esq., counsel to Emergent Game Technologies, Inc.

As indicated in the email of November 12, 2010, Gerbsman Partners (www.gerbsmanpartners.com) has been retained by Venture Lending & Leasing V, Inc. (“WTI”), the senior secured lender to Emergent Game Technologies, Inc., (“EGT”), (www.emergent.net) to solicit interest for the acquisition of all or substantially all of EGT’s assets, including its Intellectual Property (“IP”), in whole or in part (collectively, the “EGT Assets”).  Please be advised that the EGT Assets are being offered for sale pursuant to Section 9-610 of the Uniform Commercial Code.  Purchasers of the EGT Assets will receive all of EGT’s right, title, and interest in the purchased portion of WTI’s collateral, which consists of substantially all of EGT’s assets, as provided in the Uniform Commercial Code.

The sale is being conducted with the cooperation of WTI and EGT. EGT has advised WTI that it will use its best efforts to make its employees available to assist purchasers with due diligence and assist with a prompt and efficient transition at mutually convenient time.

For additional information please contact Stephen O’Neill, Esq., of Murray & Murray counsel to Emergent Game Technologies, Inc. He can be reached at 408 907 9200  and/or at soneill@murraylaw.com

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the EGT Assets.  Sealed bids must be submitted so that they are actually received by Gerbsman Partners no later than Friday, December 10, 2010 at 3:00 p.m. Pacific Time (the “Bid Deadline”) at EGT’s office, located at 5016 N. Parkway Calabasas, Suite 210, Calabasas, California 91302.  Please also email steve@gerbsmanpartners.com with any bid.
For your convenience, I have restated the description of the Updated Bidding Process.

The key dates and terms include:

The Bidding Process for Interested Buyers

Interested and qualified parties will be expected to sign a nondisclosure agreement (attached hereto as Exhibit A) to have access to key members of the management and intellectual capital teams and the due diligence “war room” documentation (the “Due Diligence Access”).  Each interested party, as a consequence of the Due Diligence Access granted to it, shall be deemed to acknowledge and represent (i) that it is bound by the bidding procedures described herein; (ii) that it has an opportunity to inspect and examine the EGT Assets and to review all pertinent documents and information with respect thereto; (iii) that it is not relying upon any written or oral statements, representations, or warranties of WTI,  Gerbsman Partners, or EGT, or their respective staff, agents, or attorneys; and (iv) all such documents and reports have been provided solely for the convenience of the interested party, and WTI, EGT, and Gerbsman Partners (and their respective, staff, agents, or attorneys) do not make any representations as to the accuracy or completeness of the same.

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the EGT Assets.  Sealed bids must be submitted so that they are actually received by Gerbsman Partners no later than Friday, December 10, 2010 at 3:00 p.m. Pacific Time (the “Bid Deadline”) at EGT’s office, located at 5016 N. Parkway Calabasas, Suite 210, Calabasas, California 91302.  Please also email steve@gerbsmanpartners.com with any bid.

Bids should identify those assets being tendered for in a specific and identifiable way.

Any person or other entity making a bid must be prepared to provide independent confirmation that they possess the financial resources to complete the purchase where applicable.  All bids must be accompanied by a refundable deposit check in the amount of $250,000 (payable to Venture Lending and Leasing V, Inc.).  The winning bidder will be notified within 3 business days of the Bid Deadline.  Unsuccessful bidders will have their deposits returned to them within 3 business days of notification that they are an unsuccessful bidder.

WTI reserves the right to, in its sole discretion, accept or reject any bid, or withdraw any or all of the assets from sale.  Interested parties should understand that it is expected that the highest and best bid submitted will be chosen as the winning bidder and bidders may not have the opportunity to improve their bids after submission.

WTI will require the successful bidder to close within a 7 day period.  Any or all of the assets of EGT will be sold on an “as is, where is” basis, with no representation or warranties whatsoever.

All sales, transfer, and recording taxes, stamp taxes, or similar taxes, if any, relating to the sale of the EGT Assets shall be the sole responsibility of the successful bidder and shall be paid to WTI at the closing of each transaction. For additional information, please see below and/or contact:

For additional information, please see below and/or contact:

Stephen O’Neill, Esq.
soneill@murraylaw.com

Steven R. Gerbsman
steve@gerbsmanpartners.com

Dennis Sholl
dennis@gerbsmanpartners.com

Kenneth Hardesty
ken@gerbsmanpartners.com

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