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Monday, January 04, 2016 11:17:01 PM
In my view, Northwest could pay Cognate outright for mfg design work, but that should buy Northwest the patents that result from that design work.
Northwest could also pay outright for oversight of any mfg build. But if they pay for the build itself, then they should own the equipment afterwards. The same would go for land and buildings, including improvements.
On the other hand, other than the design work, Northwest could lend large $ to Cognate to purchase land, buildings, improvments, and the mfg of equipment that Cognate designed, and Cognate would still own all those things. I hope that is what is going on. If not... then something is wrong, I would agree.
If Northwest is lending Cognate the money for the mfg rampup (other than the design work) then Northwest takes all the risk. That seems consistent with the relationship that exists, and it seems fair to me.
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