Muscle Pharm Corporation (MSLPQ)

[Madcowelixir]

Some cheerleaders don't know what constitutes an offer.

I can "express interest" in my neighbor's house for 10X market value but that doesn't constitute an offer nor does it drive up the price in the bank's appraiser's books as a legitimate "comp" (comparison).

Neither did Amerop's that clearly states "does not create a fiduciary relationship" because there is no legal offer.

This term sheet (i) is an indication of interest only regarding a transaction on the general terms and conditions outlined herein (the “Transaction”), and (ii) does not create a binding obligation (including any duty to negotiate), fiduciary relationship or joint venture between the parties. This term sheet does not constitute an offer, agreement (conditional or otherwise), agreement in principle, agreement to agree, or commitment (each a “Commitment”) to provide financing. For the avoidance of doubt, a Commitment would only be evidenced by a subsequent document executed and delivered by the Investor setting forth the terms and conditions, and providing for the closing, of the Transaction and would be preceded by the satisfactory completion of all legal, accounting and business due diligence.

Sorry cheerleaders. If Amerop truly wished to acquire additional MSLP shares, they could buy them on the open market or submit a legally binding tender offer with minimums but Amerop is whining over Buck's unsophisticated financial acumen and loss of $4.5m in capital.