Monte, you're surely jesting. I expect the current terms of the contract - which involves EVERYONE who signed the current contract - to be honored for the lifespan of the contract. Since the contract automatically renews after 120 days, it will take a new agreement - signed by both parties - to amend the terms of any upcoming auction for the domains which are under the original contracts.
As you may know, the losing registrar controls the speed of release of domains to the gaining registrar. You cannot hold domain owners liable if eNom takes 7 days to release domains and GoDaddy only a few hours.
This is how it sounds to me: If Moniker says they probably want your name in the auction and ask you to transfer it over, and you don't, they just won't select it for auction. So of course you don't have to transfer them, but if you don't, the odds of them getting in the auction are very poor unless the names are incredible with low, low reserves.
Just my opinion. I already use Moniker so it's no problem for me.
This is an illogical statement.
If the domain(s) get selected, under the current terms of the agreement one DOES NOT HAVE to transfer the domain(s) to Moniker UNTIL AFTER A SALE OCCURS.
To enforce such a transfer without a sale is a violation of the contract.
Monte, before this issue reaches uncontrollable proportions, I strongly suggest that you clarify your position with regards to all existing contracts.