Would have to go back and read the wording again, however wasn't it that the $5M upfront that China is supposed to pay (and should have paid by now although I haven't seen anything on that), would then be used as part of the $10M they will pay to use Excellagen?
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Disclaimer: Of course, all of this is my opinion and you should not make any investment decisions based on my opinion. I have not received any non-public information.