[arin-ppml] Borders sells their /16 block

John Curran jcurran at arin.net
Tue Dec 27 08:30:25 EST 2011

On Dec 8, 2011, at 5:04 AM, John Curran wrote:
> On Dec 7, 2011, at 11:44 PM, Matthew Kaufman wrote:
>> To elaborate, I refer specifically to Footnote 9 from the Motion for Order
>> "9 This will likely entail ARIN’s approval of Cerner based on a reasonable demonstration of a need for the
>> addresses (under a standard that is more liberal than their policy for transfer of non-legacy numbers)."
> I believe that this has been corrected in final form of the Order.
> ...
> No intent for a different standard to be used; stand by.

To follow up on this item, the final Order as issued is available 
here: <http://www.bordersreorganization.com/pdflib/2367_10614.pdf>

It contains the following paragraph which makes clear (among other
points) that ARIN is not obligated to apply any different standard 
to the transfer:

> F. Other Provisions.
> 14. Notwithstanding anything herein to the contrary, including, without limitation, paragraphs J, 3-8, 11 and 16, 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, (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.; (iv) ARIN is not required to take any action in violation of ARIN’s Policies in connection with or as a consequence of this Order, the IA Sale, or the Agreements, nor shall ARIN be required to apply a different standard to the transfer of the Internet Addresses than it does to the transfer of non-legacy Internet Protocol numbers. Nothing in this Order is intended, nor shall be construed, as exempting the Debtors and Purchaser from complying with the ARIN Policies. Subject to the conditions set forth in this paragraph, ARIN has approved of the transfer as contemplated herein and shall take reasonable steps to provide assistance for the transfer as contemplated in this Order.

FYI (and Happy Holidays!)

John Curran
President and CEO

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