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Posted On: 10/03/2022 5:43:37 AM
Post# of 148903
Re: Evil Rabbit #129185
If Cytodyn only expected or asked for Amarex to withdraw its outstanding invoice and return they money it had been paid, all that Cytodyn would need to do is show that Amarex botched its job. Hell, the FDA letters show that.
But CYDY has gone so far as to hire an external auditing firm that can, in essence, not just show that Amarex did a bad job, but that a good job would have won FDA approval for HIV. (At least this is how I understand the purpose of the external audit.) So what Sidley Austin can do is show definitively that the damages don't just amount to a redo -- they amount to the difference between an FDA approval in 2020 vs. no acceptance in late 2022.
What damage was caused to CYDY by the loss of an FDA approval in 2020? As well all know, a helluva lot in terms of share dilution, toxic financing, size and success of trials (if CD12 were a bigger trial, it would have had a much better chance of success). Some of these damages are crystal clear, some can only be estimated. But they can all be estimated.
And any number that can be reckoned will be far far greater than $60-80 million. Unlike MGK and Evil, I don't expect a swift and painless settlement. I don't see NSF as accepting a number that could eviscerate it. But I do expect a big number, and that number is surely part of any negotiation that CYDY might have with any company wanting to buy it out. It's a golden ticket, and CYDY owns it.
But CYDY has gone so far as to hire an external auditing firm that can, in essence, not just show that Amarex did a bad job, but that a good job would have won FDA approval for HIV. (At least this is how I understand the purpose of the external audit.) So what Sidley Austin can do is show definitively that the damages don't just amount to a redo -- they amount to the difference between an FDA approval in 2020 vs. no acceptance in late 2022.
What damage was caused to CYDY by the loss of an FDA approval in 2020? As well all know, a helluva lot in terms of share dilution, toxic financing, size and success of trials (if CD12 were a bigger trial, it would have had a much better chance of success). Some of these damages are crystal clear, some can only be estimated. But they can all be estimated.
And any number that can be reckoned will be far far greater than $60-80 million. Unlike MGK and Evil, I don't expect a swift and painless settlement. I don't see NSF as accepting a number that could eviscerate it. But I do expect a big number, and that number is surely part of any negotiation that CYDY might have with any company wanting to buy it out. It's a golden ticket, and CYDY owns it.
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