1) The sale was agreed to by Syntax-Brillian and the buyer prior to filing Chapter 11. This may involve the lawsuit or not

2) If the price is right the buyer will purchase Vivitar to include the lawsuit pending approval of the courts.

3) The conditions of the sales included Syntax-Brillian to settle the lawsuit outside of the purchase pending court approval

4) The buyer may offer shares to edig in lieu of a cash settlement

5) The purchase may be completed with the buyer continuing with the lawsuit defense.