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Wednesday, August 22, 2018 12:00:07 PM
Maybe due to the "ending on the date of termination of this Agreement as provided in Section 11(k)" language they didn't have to reiterate it in the new agreement. As I understand it the original agreement isn't actually terminated, IPIX just can't use it to make Aspire buy any shares due to the 90 day Lock-up provision.
Or maybe it was left out to so that Aspire can now "enter into or effect, directly or indirectly, any (i) “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 1934 Act) of the Common Stock or (ii) hedging transaction, which establishes a net short position with respect to the Common Stock".
Covering, as I understand it, possible interpretations for the omission of short sale clause. SS picked the one interpretation fitting his current bias. Or, just possibly, SS has a more extensive background on these kind of agreements than LR.
"I would rather have questions that can't be answered than answers that can't be questioned." Richard P. Feynman
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