Bio Path Holdings Inc (BPTH)

[pvrad]

SJ, I think these are the crucial questions to answer. The Delaware attorney seems to have the requisite background. Since you have a good command of the issues, would you be willing to call him and ask if he could render an opinion? Even today as we head into the 3 day MLK holiday?

I would hope that the issues would be fairly straight forward to him and therefore not prohibitively expensive to get an opinion on. I would be willing to ante in the first $2000. (hoping it wouldn't cost that much) and would be happy to contact him after your initial conversation.

If he feels the Reverse Split is non routine and the Broker non votes inaccurately counted we would have him communicate that in a letter to Biopath with language suggesting a broader class action if they proceed.

I would hope he could give you an idea of what his opinion would cost and I would ask you to inquire when you make the call. If we feel it is prohibitively expensive, maybe another attorney could be sought.

As it seems like it might be easier to "prevent" the Reverse Split than "undo" it, would someone be willing to let Doug know we are soliciting a legal opinion (maybe even sharing Opgen's opinion of what a Broker non vote is)? Maybe another email from Brettj?

Given their arrogance that might prompt them to move sooner...who knows, but it might give them pause... but maybe an email would be unwise?!

BTW...I own shares in Opgen (not nearly as many as Bpth) and have not followed them as closely. I became aware of their situation because of an unsolicited call to my home phone last night from someone at Opgen. They left a message indicating they had not received my proxy votes. Apparently they are playing it straight and have hired people to track down investor phone numbers and make calls to decrease the number of outstanding Broker non votes at next week's shareholder meeting.

Apparently Biopath's December budget was stretched too thin with PN's salary to hire people for a phone bank so they made one call and got the opinion they wanted on the definition of "routine".