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Re: F1ash post# 186609

Monday, 03/25/2019 9:44:13 AM

Monday, March 25, 2019 9:44:13 AM

Post# of 462234
dug a little deeper into the prospectus and the purchase agreement.

the $3 minimum pertained to any "accelerated purchases". according to the asset purchase agreement, there doesn't seem to be a minimum for "regular purchases".

the purchase agreement defines purchase price as:

“Purchase Price” means, with respect to any Regular Purchase made pursuant to Section 2(a) hereof, the lower of: (i) the lowest Sale Price on the applicable Purchase Date and (ii) the arithmetic average of the three (3) lowest Closing Sale Prices for the Common Stock during the ten (10) consecutive Business Days ending on the Business Day immediately preceding such Purchase Date (in each case, to be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction that occurs on or after the date of this Agreement).

there is an interesting table on page 20 of the following link which describes the number of shares avxl might put on LPC under varying stock price scenarios.

https://www.sec.gov/Archives/edgar/data/1314052/000161577419004136/s116733_424b5.htm

so, based on the recent run up in stock price above the $3 minimum for an "accelerated purchase" to be "demanded" of LPC by avxl, it seems like now would be the time for avxl to make such a transaction, unless they have something in their pocket which might indicate to them the pps will go higher.
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