RE: Cir19 Dec 2019 14:24
Well this is all a bit fruity...
Extracted from the SEC filings associated with their recent fund raise...
The (CIR) Agreement shall continue until the Company’s last patents or improvement patents expire (the “Initial Term”). Commencing on the first day following the Initial Term, and on each day thereafter, the term shall automatically be extended for one additional day so that a constant three (3) year term will always be in effect. Notwithstanding the foregoing, either party may terminate the Agreement upon the occurrence of certain events, including (i) material default or breach that is not or cannot be reasonably cured within sixty (60) days of the notification of such material default or breach or (ii) certain bankruptcy, insolvency, reorganization, dissolution or liquidation events
Now either party can terminate 'on occurrence of certain events'. Looking at the last one in (ii) could it be that in fact BeyondAir are claiming they have reorganised themselves via the offering, that they can unilaterally terminate?
Would be bonkers if so the Licensing Agreement allowed for that situation, and if it was this the press release would be different.
Now it says termination for Material Breach, but any breach has to be notified and the other side is allowed time to repudiate or fix, in this case 60 days. So what happened 60 days ago? They can not have possibly claimed breach ahead of their December fund raise as it would need to be disclosed as a material event in the SEC filings and Prospectus, else the raise is undertaken on false premises, a big No No.
So in summary, I observe this is a rather clumsy press release and I simply cant see how they could claim or achieve this without legal recourse from CIR. Smells like a rat, and per my previous post on this topic, its not material anyway to forward value and totally unrelated to asthma or COPD ambitions.
And if it is them trying to get the product back, such behaviour is unbecoming and I am not sure I would want them as a partner anyway.
Totally bizarre. Will post if I find out more.