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Sunday, January 13, 2019 10:42:14 AM
The SEC doesn't care what word is chosen to describe a departure in a Form 8-K reporting Item 5.02 Departure of Directors or Principal Officers as long as it isn't false or deceptive.
"The SEC goes so far as to provide examples of formal termination letters."
The formal termination letter example that you provided was filed by the issuer, not the SEC (as are ALL termination letters provided as exhibits to 8-K filings). The example wasn't provided by the SEC unless you would like to say that all Edgar filings represent examples provided by the SEC. Anyone who think that is mistaken.
"On December 11, 2018, Dr. Krishna Menon resigned from his position as a director of Innovation Pharmaceuticals Inc. (the “Company”), effective immediately."
If the Company had used the word "terminated" that would have been false. A Board member can be removed or resign or pass away, but the word terminated should never be used when describing the departure of a director.
"On September 18, 2018, the Company notified Dr. Menon of the termination of his continued employment with the Company in order for the Company to further focus its resources on clinical trials for its lead drug candidates. Dr. Menon will continue to serve on the Company’s Board of Directors."
Here the word "termination" has a clear meaning. Officer Menon was shown the door. There can be no other interpretation unless the filing, signed by Leo Ehrlich Chief Executive Officer and Chief Financial Officer, was false and deceptive. I don't know of anyone contending that that was the case.
The last 3 words of this statement, which you are questioning, were 100% accurate:
"Because Menon was terminated."
But can it core A apple?
Yes Ralph, of course it can core A apple.
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