Monday, September 25, 2017 5:59:11 PM
I have to disagree with almost everything in your reply.
I will tell you why.
You are stating the following
1. A press release has the same legal value and as sufficient as an 8K sec filing, on which a part of my theory is based.
2. The 8K sec filing was ONLY to inform shareholder about NWBO’s cancelling of SMi.
3. The 8K sec filing has nothing to do with unblinding (interim) data
1. To start with the first.
You have misinterpreted the SEC rules here. Im a lawyer in The Netherlands and to keep up with areas which are not my expertise, such as US law ??, I like to read the blogs of preeminent lawyers such as http://westwickepartners.com/2014/10/form-8-k-and-press-releases-know-the-difference-when-you-disclose-news/
A press release does not have the same legal value as an 8K sec filing, by far! An 8K sec filing As the SEC explains it: “the types of information required to be disclosed on Form 8-K are generally considered to be ‘material,’ Material events include a change in your financials (some people suggest “10 percent” as a general rule) that differs from your previously reported, publicly disclosed guidance and from what the analysts are projecting.” And “Form 8-K is a legal filing, and when a “material” event happens, your company is legally bound to submit one. “
A press release however does not, by far, constitute the same legal implications as an 8K form “Unlike the straightforward Form 8-K, a press release is a chance for your company to explain the event in the context of your company’s story.” To distinguish the difference between the two one has to ask: ““Is there a qualitative benefit involved?” “Does this affect the ongoing business or result in a change to any prior guidance?”
2. The cancelling of the SMi conference does clearly NOT affect the ongoing business of NWBO. It does NOT change or impact 10% of the financials of NWBO. A press release would have clearly sufficed if it just was about that. The best example is the Dr Bosch presentation of June 5. In the anticipation of ASCI June 5, NWBO did NOT release a 8K sec filing nor would they have if it they would have cancelled it. A press release however was released about their presence. Besides if it only was about the conference, NWBO could have leave it to that in its statement.
“While anticipating the disclosure of interim blinded data from the Company’s Phase 3 trial of DCVax®-L for Glioblastoma, the Company will not be presenting at this year’s SMi conference.”
3. Now again back to the updating the blinded data of the trial by NWBO.
Again the Dr Bosch presentation of June 5. This presentation was about updating us and others on blinded data (we obviously didn't know what patient was when etc so blinded) in the trial.
Beforehand in anticipation of ASCI NO 8K sec filing. After the presentation NO 8K sec filing. Apparently the updating on the blinded data by Dr Bosch is not to be considered material or not to be considered to impact at least 10% of NWBO’s financials. If the 8K sec filing of the 22nd was about announcing that NWBO is anticipating yet another “Dr Bosch-like” update on blinded data then why would it now impact at least 10% of the financials and on June 5/Sept 1 not? (Ps you can not ignore that NWBO is stating more in its 8K then just the absence of the conference.)
If Bosch presentation be not meterial then how come more of the same data update can now be all over sudden be material?
That’s because as I have said something far more significant is to be anticipated which is IMO the disclosure of blinded equals the un blinding of the interim (PFS?) data!
I will tell you why.
You are stating the following
1. A press release has the same legal value and as sufficient as an 8K sec filing, on which a part of my theory is based.
2. The 8K sec filing was ONLY to inform shareholder about NWBO’s cancelling of SMi.
3. The 8K sec filing has nothing to do with unblinding (interim) data
1. To start with the first.
You have misinterpreted the SEC rules here. Im a lawyer in The Netherlands and to keep up with areas which are not my expertise, such as US law ??, I like to read the blogs of preeminent lawyers such as http://westwickepartners.com/2014/10/form-8-k-and-press-releases-know-the-difference-when-you-disclose-news/
A press release does not have the same legal value as an 8K sec filing, by far! An 8K sec filing As the SEC explains it: “the types of information required to be disclosed on Form 8-K are generally considered to be ‘material,’ Material events include a change in your financials (some people suggest “10 percent” as a general rule) that differs from your previously reported, publicly disclosed guidance and from what the analysts are projecting.” And “Form 8-K is a legal filing, and when a “material” event happens, your company is legally bound to submit one. “
A press release however does not, by far, constitute the same legal implications as an 8K form “Unlike the straightforward Form 8-K, a press release is a chance for your company to explain the event in the context of your company’s story.” To distinguish the difference between the two one has to ask: ““Is there a qualitative benefit involved?” “Does this affect the ongoing business or result in a change to any prior guidance?”
2. The cancelling of the SMi conference does clearly NOT affect the ongoing business of NWBO. It does NOT change or impact 10% of the financials of NWBO. A press release would have clearly sufficed if it just was about that. The best example is the Dr Bosch presentation of June 5. In the anticipation of ASCI June 5, NWBO did NOT release a 8K sec filing nor would they have if it they would have cancelled it. A press release however was released about their presence. Besides if it only was about the conference, NWBO could have leave it to that in its statement.
“While anticipating the disclosure of interim blinded data from the Company’s Phase 3 trial of DCVax®-L for Glioblastoma, the Company will not be presenting at this year’s SMi conference.”
3. Now again back to the updating the blinded data of the trial by NWBO.
Again the Dr Bosch presentation of June 5. This presentation was about updating us and others on blinded data (we obviously didn't know what patient was when etc so blinded) in the trial.
Beforehand in anticipation of ASCI NO 8K sec filing. After the presentation NO 8K sec filing. Apparently the updating on the blinded data by Dr Bosch is not to be considered material or not to be considered to impact at least 10% of NWBO’s financials. If the 8K sec filing of the 22nd was about announcing that NWBO is anticipating yet another “Dr Bosch-like” update on blinded data then why would it now impact at least 10% of the financials and on June 5/Sept 1 not? (Ps you can not ignore that NWBO is stating more in its 8K then just the absence of the conference.)
If Bosch presentation be not meterial then how come more of the same data update can now be all over sudden be material?
That’s because as I have said something far more significant is to be anticipated which is IMO the disclosure of blinded equals the un blinding of the interim (PFS?) data!
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