Monday, October 16, 2017 11:07:59 AM
When you find it, please be sure to include the preamble
"Except as set forth in the SEC Reports, including the Prospectus and the Prospectus Supplement, and the Disclosure Schedules, which SEC Reports and Disclosure Schedules shall be deemed a part hereof and shall qualify any representation or otherwise made herein to the extent of the disclosure contained in the corresponding section of the SEC Reports and the Disclosure Schedules, the Company hereby makes the following representations and warranties to each Purchaser:"
because remember, longs argued that their later statement:
".....none of the Company or any of its Subsidiaries has received any notice, warning letter or other communication from the FDA or any other governmental entity, which ...... imposes a clinical hold on any clinical investigation by the Company or any of its Subsidiaries,......"
meant that there was not FDA hold.
and we now know with certainty there was an FDA clinical hold.
How could they make the second statement? Because it was qualified by the preamble (the first quote).
"Except as set forth in the SEC Reports, including the Prospectus and the Prospectus Supplement, and the Disclosure Schedules, which SEC Reports and Disclosure Schedules shall be deemed a part hereof and shall qualify any representation or otherwise made herein to the extent of the disclosure contained in the corresponding section of the SEC Reports and the Disclosure Schedules, the Company hereby makes the following representations and warranties to each Purchaser:"
because remember, longs argued that their later statement:
".....none of the Company or any of its Subsidiaries has received any notice, warning letter or other communication from the FDA or any other governmental entity, which ...... imposes a clinical hold on any clinical investigation by the Company or any of its Subsidiaries,......"
meant that there was not FDA hold.
and we now know with certainty there was an FDA clinical hold.
How could they make the second statement? Because it was qualified by the preamble (the first quote).
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