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  4. CytoDyn Inc (CYDY) Message Board

because either CYDY has paid the principal amount

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Post# of 154227
(Total Views: 609)
Posted On: 02/01/2023 9:08:28 PM
Posted By: MarcS
Re: Jake2212 #132647
Quote:
because either CYDY has paid the principal amount of the bond (unlikely) OR the bond has been or will be discharged by the Court based on a ruling from the Arbitrator.


The latter would be wonderful! However, I put the (unlikely), at least for now, with that one. Reason: Wouldn't we know about such an event?
However, in the latest 10-Q, at page 20, there is this little tidbit:
Quote:
Pursuant to amendments to the Backstop Agreement executed in July and December of 2022 (the “Backstop Amendment”), among other matters: (i) each of the 4-Good Warrants has a five-year term from the date of issuance and a reduced exercise price of $0.10 per share; (ii) the Make-Whole Warrant became fully exercisable in July 2022; (iii) the Indemnitors were issued, in December 2022, a fully exercisable warrant to purchase 7,500,000 shares of common stock at an exercise price of $0.10 per share; (iv) the Indemnitors were issued a second warrant in December 2022 covering up to 7,500,000 shares of common stock with an exercise price of $0.10 per share, with the ultimate number of shares to be covered by the second warrant to be calculated on or before February 14, 2023, based on a formula relating to how quickly the Company relieves the balance of cash collateral pledged by the Indemnitors; and (v) the obligation of the Indemnitors to indemnify the Surety was extended to January 31, 2023; provided that the Company will relieve the Indemnitors of a minimum of $1,500,000 of cash collateral currently pledged by the Indemnitors in support of the Surety Bond by January 5, 2023, with the balance of the cash collateral ($5,000,000) to be relieved by January 31, 2023; and provided further that, if the balance of the cash collateral on January 31, 2023, has been reduced to $1,000,000 or less, the Company, in its sole discretion, may elect to require the Indemnitors to accept shares of common stock or warrants to purchase shares of common stock in exchange for the remaining balance. In January 2023, the Indemnitors agreed to extend the relief of the $1,500,000 of cash collateral to January 13, 2023. See Liability Classified Warrants above for the accounting treatment of the July 2022 amendment to the Backstop Agreement.


So, the question I guess is did they follow through by yesterday what was disclosed in the 10-Q, or did they obtain an extension?


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