[arin-ppml] Borders sells their /16 block

[John Curran]

On Dec 5, 2011, at 11:23 PM, Martin Hannigan wrote:

>>>> Deal language requires ARIN “consent”.
>>> 
>>> The auction offering description says "may" and nothing about consent.
>>> 
>>>      http://www.slideshare.net/Streambank/offering-memo-ip-addresses-92111final
>> 
>>   Mike was referring to the actual sale document submitted to the
> 
> I don't see a reference to court docs in the article that Mike referred to.

Obtained by reading the linked references in the article Mike referred to.

>>   <http://www.theregister.co.uk/2011/12/05/borders_flogs_ipv4_addys/>
>>   <http://domainincite.com/docs/borders-cerner-ipv4.pdf>
> 
> Now I see a reference to court docs. Thanks.
> 
> In section four of the terms it states that the purchaser is going to
> sign an LRSA. Will there be another version of the LRSA specifically
> created for this transaction for 170.71.0.0/16 or will it be the stock
> LRSA?

Impossible to determine at this time; in any case, the LRSA will require 
compliance with policies set by the community per the court document -

"14. Notwithstanding anything else herein to the contrary, including, without limitation, paragraphs J, 3-8, and 11 hereof, (i) the IA Sale, as stated in the Agreements, is conditioned upon ARIN’s consent including any terms and/or conditions established by ARIN’s Transfer Policies or any other policies, guidelines, or regulations developed by ARIN and published on its website, as may be amended and supplemented from time to time (collectively, “ARIN’s Policies”), (ii) the transfer of the Debtors’ interests in the Internet Addresses to the Purchaser is subject to ARIN’s Policies, and (iii) the Debtors and the Purchaser are required to comply with ARIN’s Policies before any transfer of the Debtors’ rights in the Internet Addresses may be effectuated. Nothing in this Order is intended, nor shall be construed, as exempting the Debtors and Purchaser from complying with the ARIN Policies."

FYI,
/John

John Curran
President and CEO
ARIN