Nice wording that doesn't mean much. They don't ha

Nice wording that doesn't mean much. They don't have the intention to acquire IncellDX which doesn't mean at a later date after they are seated they won't. They also say "such or similar transaction". Would all stock, no cash or milestones be considered similar?

From an SEC filing today -

Quote:

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Following a telephone call on May 8, 2020 between the Company’s Chief Executive Officer, Dr. Nader Pourhassan, the Company’s Chairman of the Board and Chief Medical Officer, Dr. Scott A. Kelly, M.D., Dr. Patterson, Mr. Beaty and IncellDx’s counsel, Shearman & Sterling LLP, IncellDx, by email from Dr. Patterson to Dr. Pourhassan dated May 22, 2021, submitted a proposal for discussion purposes (the “Proposal”) outlining the terms upon which IncellDx might be willing to be acquired by the Company. The Proposal was prepared by IncellDx’s financial advisor, Moelis & Company, and provided for a purchase price of $150 million in cash and stock with additional payments based on satisfying performance milestones of up to an additional $200 million in stock and/or cash. No further discussions ensued. Given the perfunctory nature of the discussions that led nowhere, the Participants do not believe that this was required to be disclosed in the proxy statement. Moreover, and importantly, there is no intention on the part of the Nominees to pursue any such or similar acquisition transaction with IncellDx if elected to the Board.

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