[arin-ppml] ARIN-prop-174 Policies Apply to All Resources in the Registry

[John Curran]

On Jun 20, 2012, at 7:45 PM, William Herrin wrote:
>>  ARIN consented to the transfer since Microsoft qualified per
>>  policy, and did not seek anything other than acknowledgement
>>  of the existence of the LRSA which has the resources subject
>>  to community policy.
> 
> Hi John,
> 
> Didn't seek and didn't receive. I'm told the judge let stand his
> ruling from the preliminary order that Nortel could sell to anyone
> they wanted to.

Bill -

Nortel and Microsoft signed the Amended Purchase Agreement which was 
approved by the court and stated:

"Other than entry into the LRSA, no Consent from ARIN or any other 
regional internet registry is required for the purchase of Seller’s 
Rights hereunder."

Entry into a registration services agreement by anyone purchasing 
would have similarly been required to approve another sale.  If 
you wish to review the documents in this matter again, the access
instructions in last years email on this topic are attached.

FYI,
/John

John Curran
President and CEO
ARIN

===
Begin forwarded message:

> From: John Curran <jcurran at arin.net>
> Subject: [arin-ppml] References to NNI court documents
> Date: December 7, 2011 4:38:24 PM EST
> To: Martin Hannigan <hannigan at gmail.com>
> Cc: ARIN PPML <ppml at arin.net>
> 
> On Dec 7, 2011, at 5:10 PM, Martin Hannigan wrote:
> 
>> On Wed, Dec 7, 2011 at 3:01 PM, John Curran <jcurran at arin.net> wrote:
>>> On Dec 7, 2011, at 3:14 PM, Martin Hannigan wrote:
>>> 
>>>> Why don't we just go back to the court documents and reference where
>>>> each have said 'while we don't necessarily need to deal with ARIN'
>>> 
>>> Incorrect.
>>> 
>>> In Nortel, the actual court document was approved only with affirmation
>>> that the recipient had entered into a registration services agreement
>>> with ARIN.  See prior posting to Mike for the specific references.
>> 
>> John,
>> 
>> I encourage you to provide a cite to a specific line in the document
>> that affirms your statement. We can agree to disagree for now.
> 
> Martin -
> 
>   The court documents I cited are part of the public file, and therefore
>   can be readily confirmed by anyone.  However, for avoidance of doubt, 
>   please find directions for access and references to the nearest page.
> 
> Thanks,
> /John
> 
> John Curran
> President and CEO
> ARIN
> 
> === http://chapter11.epiqsystems.com/NNI/docket/Default.aspx?RelatedID=290578 - All Documents are all under Docket # 5252.
> 
> --- In Document A (Amended Purchase Agreement), top of page 14 -
> "SECTION 3.5 LRSA.
>  The Purchaser has, or prior to the date of the hearing to consider and approve the Sale Order will have, entered into the LRSA. Other than entry into the LRSA, no Consent from ARIN or any other regional internet registry is required for the purchase of Seller’s Rights hereunder. "
> 
> --- In Document A (Amended Purchase Agreement), botton of page 23 - 
> "SECTION 7.2 Conditions to Seller’s Obligation.
> 7.2.1 The Seller’s obligation to effect the Closing shall be subject to the fulfillment (or express written waiver by the Seller), at or prior to the Closing, of each of the following conditions: ...
> (e) LRSA. Purchaser shall have entered into the LRSA with ARIN."
> 
> --- In Document B (Revised Proposed Order), bottom of page 4 -
> " I. Purchaser has represented that it has entered into a Legacy Registration Services Agreement with ARIN with respect to the Internet Numbers (the “LRSA”)."
> 
> --- In Document B (Revised Proposed Order), top of page 5 -
> "K. The Purchaser would not have entered into the Agreement and would not consummate the Transaction if the sale, transfer and assignment of the Seller’s Rights in and to the Internet Numbers to the Purchaser was not free and clear of all Interests, pursuant to section 363(f) of the Bankruptcy Code, subject to the terms of the LRSA. "
> 
> --- In Document B (Revised Proposed Order), middle of page 8 -
> "5. For the avoidance of doubt, this Order shall not affect the LRSA and the Purchaser’s rights in the Internet Numbers transferred pursuant to this Order shall be subject to the terms of the LRSA."
> 
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