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25. Re: Ships Ahoy - Rise of the Triad Jul 31, 2013, 15:12 Kristian Joensen
Kristian Joensen wrote on Jul 31, 2013, 10:15:
wtf_man wrote on Jul 31, 2013, 09:59:
Kristian Joensen wrote on Jul 31, 2013, 09:51:
Actually back in 2007 3D Realms licensed the Apogee name and logo to a new company called Apogee Entertainment LLC, due to that license they have set Apogee Software LLC up as a DBA/alias. They are the ones publishing this. In fact ROTT is an IP they outright bought on stead of just licensed. 3D Realms retains Apogee Software Ltd as its legal name despite all this, with 3D Realms as its DBA. This new company is run by among others Terry Nagy ex-3D Realms and Gathering of Developers employee. Sorry for the bad formatting of this post, I wrote it on my phone.

So, you are saying they already got their money from selling the Apogee name (yet keeping it somehow), and already selling the ROTT license to this new "Apogee"... and anyone purchasing ROTT won't be giving 3DRealms any new infusion of cash?
If 3DR gets any money from this it is either due to the license for the Apogee name/logo for due to remaining payments for acquiring the ROTT IP. Just like Remedy and 3D Realms got some $$$ from the first 1.2 Million sales of Max Payne 2 after selling that IP. But obviously the terms of the agreements between two private companies like the new Apogee and 3D Realms are unknown to the public. So of you REALLY want to make sure George Broussard doesn't see a dime from you, you probably shouldn't buy this.

My source on that Max Payne thing is the APA between Remedy, 3DR and Take Two:

(c) Payment of the Purchase Price. The Purchasers shall pay the Sellers the purchase price for the Assets by delivering to the Sellers (i) at Closing, one or more certificates representing Nine Hundred and Sixty Nine Thousand Nine Hundred and Thirty Two Thousand (969,932) restricted shares (the "Shares") of common stock of Take-Two, par value $.01 per share; provided, however, that such Shares shall be subject to the Lock-Up Agreement , (ii) at Closing, Ten Million ($10,000,000) U.S. dollars paid by Maxcorp by wire transfer (the "Cash Component") to accounts designated by the Sellers and (iii) up to Eight Million ($8,000,000) U.S. dollars in cash or immediately available funds in four equal installments of Two Million ($2,000,000) U.S. dollars pursuant to Section 2(d) below (the "Incentive Payments", and together with the payments under subparagraphs (i) and (ii) above, the "Purchase Price"). The Purchase Price includes all amounts due and payable to third parties and the Sellers (including all advances due and payable by Purchasers to Remedy pursuant to the Development Agreement and Take-Two Liabilities) in connection with the purchase of all of the Assets and, other than the payment of the Purchase Price, no additional payments shall be made by the Purchasers to the Sellers or any third party. The Purchasers shall deliver directly to each of Remedy and Apogee (x) a certificate representing 50% of the Shares (each of Remedy and Apogee shall receive a certificate for 484,966 Shares) and (y) cash representing 50% of the Cash Component ($5,000,000 to each of Remedy and Apogee). Similarly, all Incentive Payments shall be split 50/50 and delivered and paid directly to each of Remedy and Apogee accordingly.

(d) Incentive Payments.

(i) The Incentive Payments shall be due and payable and shall be paid by the Purchasers (allocated between them in proportion to the percentages set forth in Section 2(h)) to the Sellers as follows:

(A) $2,000,000 U.S. dollars on the Gold Master Acceptance Date (as defined in the Development Agreement) (such payment being referred to as the "Gold Master Date Payment"), but, except as provided below, in no event later than October 1, 2003 and

(B) (1) $2,000,000 U.S. dollars ("First Incentive Payment") on the date when the Purchasers, in good faith, have determined that 400,000 units, in the aggregate, of Max Payne 2 have been Sold (as defined below), (2) $2,000,000 U.S. dollars on the date upon which Purchasers, in good faith, have determined that 800,000 units, in the aggregate, of Max Payne 2 have been Sold, and (3) $2,000,000 U.S. dollars on the date upon which the Purchasers, in good faith, have determined that 1,200,000 units (each of the sale of 400,000 units, 800,000 units and 1,200,000 units, each a "Threshold Unit Amount"), in the aggregate, of Max Payne 2 have been Sold;
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