Hi gestalt2. No, liquidated damages wouldn't be
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Posted On: 11/01/2022 11:09:49 AM
Hi gestalt2.
No, liquidated damages wouldn't be a factor of the value of Amarex as a company. It would be an agreed upon amount that CYDY might (key word) have received if the BLA was approved, CYDY found a distributor, "x" amount of doctors prescribed leronlimab for "x" amount of patients at "x" cost, etc.
Because determining the above would be very difficult and could lead to months of negotiations, they decide on something reasonable ahead of time and that would be the max that the arbitrator could award.
As for legal fees, they would be "outside legal fees" which means not CYDY's in-house attorney.
No, liquidated damages wouldn't be a factor of the value of Amarex as a company. It would be an agreed upon amount that CYDY might (key word) have received if the BLA was approved, CYDY found a distributor, "x" amount of doctors prescribed leronlimab for "x" amount of patients at "x" cost, etc.
Because determining the above would be very difficult and could lead to months of negotiations, they decide on something reasonable ahead of time and that would be the max that the arbitrator could award.
As for legal fees, they would be "outside legal fees" which means not CYDY's in-house attorney.
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