Yes, they can say anything. Even a tweet now is considered a press release. But I am learning towards what BL thinks as well. There is probably a confidentiality provision that prevents them from disclosing the potential partner. Before a contact is official signed, my guess is the partner would feel it is in their best interest to keep their identity publicly silent. Why I would love to know the partner, the details are more important. This should be their best offer to date, so we should get a good feel for what is being offered in these negotiations.
Actually, it's pretty common in my experience for non-binding term sheets to contain confidentiality provisions.
that being the case, I wouldn't be shocked if tomorrow we hear about the architecture of the potential deal but not the identity of the potential deal partner.
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