Ways CYDY can terminate deal w Vyera - (basically
Post# of 155551
(Total Views: 696)
Posted On: 10/02/2020 9:02:55 AM
Ways CYDY can terminate deal w Vyera - (basically if Vyera completely sheets the bed, CYDY can likely end it)
———
11.3 Unilateral Termination by CytoDyn. CytoDyn shall have the right to terminate this Agreement in its entirety upon written notice to Vyera on the occurrence of any of the following:
(a)
Vyera or any of its Affiliates directly or indirectly, challenges, disputes, or assists any Third Party to dispute or challenge, in a legal or administrative proceeding the patentability, enforceability or validity of any CytoDyn Patents;
(b)
Vyera fails to make a First Commercial Sale within sixty (60) days following the later of (i) the date Regulatory Approval is obtained and (ii) the date CytoDyn supplies (or is ready to supply) Vyera with the Licensed Product for sale pursuant to the Supply Agreement (the “Supply Date”);
(c)
Vyera breaches its obligations or covenants under Section 2.6 (Competitive Products);
(d)
Upon [***] written notice, in the event Vyera fails to meet any of the Minimum Requirements and has not cured such failure, to the extent curable, within such notice period; or
(e)
Vyera fails to make the Equity Investment within seven (7) days of the Effective Date, as required by Section 8.13.
———
Also not sure why some are worried about the deal. Vyera will either do a good job selling the (imo 1q 2021 fully approved HIV LL indication) drug in which case we will get revs for HIV and all is well, or they won’t and we will find someone else who most willingly can (and probably better terms at that point)...it’s just the HIV in the USA as another poster just mentioned. Plenty of opportunities w all the other eventual indications.
Dec 17 PR:
“ Vyera has been granted an exclusive license to market and distribute leronlimab in the U.S. for the treatment of HIV.”
———-
And fwiw I’m not concerned with the interim results at all, I’m perfectly fine with whatever the share price does between now and the end of the trial (at interim or final around EOY/Jan 21) because I agree, it will pass at one of those two points and the floodgates open. If they need to raise a little cash with an offering or financing, I’m fine with that too for now. In five years it will all return to me via buybacks and/or dividends. Gilead shares outstanding history: https://www.macrotrends.net/stocks/charts/GIL...utstanding
Note how they had nearly triple CYDY’s shares out a decade ago. Now they are slightly more than double. As a wise man once said, i'll gladly pay you tuesday for a hamburger today....or something like that in reverse.
Or if you don’t like Wimpy, “ "The stock market is a device for transferring money from the impatient to the patient." - Warren Buffett”
CYDY is still all forward progress when normalizing for the laterals and “one step back, two steps forward”...the science still works, the docs and advisors are still on board, Nader passionate fire is still there after 8 years vs what some of us have only experience for 8 months...think about the frustration you are dealing with in a few months and how easy it is to feel discouraged, then compare that to what NP is likely experiencing and what J Laz referred to it his interview, yet the fire is still raging. I’ll take it.
———
11.3 Unilateral Termination by CytoDyn. CytoDyn shall have the right to terminate this Agreement in its entirety upon written notice to Vyera on the occurrence of any of the following:
(a)
Vyera or any of its Affiliates directly or indirectly, challenges, disputes, or assists any Third Party to dispute or challenge, in a legal or administrative proceeding the patentability, enforceability or validity of any CytoDyn Patents;
(b)
Vyera fails to make a First Commercial Sale within sixty (60) days following the later of (i) the date Regulatory Approval is obtained and (ii) the date CytoDyn supplies (or is ready to supply) Vyera with the Licensed Product for sale pursuant to the Supply Agreement (the “Supply Date”);
(c)
Vyera breaches its obligations or covenants under Section 2.6 (Competitive Products);
(d)
Upon [***] written notice, in the event Vyera fails to meet any of the Minimum Requirements and has not cured such failure, to the extent curable, within such notice period; or
(e)
Vyera fails to make the Equity Investment within seven (7) days of the Effective Date, as required by Section 8.13.
———
Also not sure why some are worried about the deal. Vyera will either do a good job selling the (imo 1q 2021 fully approved HIV LL indication) drug in which case we will get revs for HIV and all is well, or they won’t and we will find someone else who most willingly can (and probably better terms at that point)...it’s just the HIV in the USA as another poster just mentioned. Plenty of opportunities w all the other eventual indications.
Dec 17 PR:
“ Vyera has been granted an exclusive license to market and distribute leronlimab in the U.S. for the treatment of HIV.”
———-
And fwiw I’m not concerned with the interim results at all, I’m perfectly fine with whatever the share price does between now and the end of the trial (at interim or final around EOY/Jan 21) because I agree, it will pass at one of those two points and the floodgates open. If they need to raise a little cash with an offering or financing, I’m fine with that too for now. In five years it will all return to me via buybacks and/or dividends. Gilead shares outstanding history: https://www.macrotrends.net/stocks/charts/GIL...utstanding
Note how they had nearly triple CYDY’s shares out a decade ago. Now they are slightly more than double. As a wise man once said, i'll gladly pay you tuesday for a hamburger today....or something like that in reverse.
Or if you don’t like Wimpy, “ "The stock market is a device for transferring money from the impatient to the patient." - Warren Buffett”
CYDY is still all forward progress when normalizing for the laterals and “one step back, two steps forward”...the science still works, the docs and advisors are still on board, Nader passionate fire is still there after 8 years vs what some of us have only experience for 8 months...think about the frustration you are dealing with in a few months and how easy it is to feel discouraged, then compare that to what NP is likely experiencing and what J Laz referred to it his interview, yet the fire is still raging. I’ll take it.
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