Tuesday, September 17, 2019 2:11:44 PM
There is a provision for other parties to waive conditions with written notice and acceptance by GDSI. This is not one of the conditions but a stipulation of the conditions as noted in the last paragraph of section 3 of the SPA as previously posted by PB.
No waiver of 3.1.11 was sought by any party to the SPA. Therefore. GDSI is the only party to the SPA with exclusive rights to waive any of the conditions without written notice by any other party.
If KPMG didn’t submit a written opinion. GDSI, under 3.1.11, at its sole discretion may waive that condition without any notice to any of the other parties.
The following is IMO based on my own research.
The brothers are some crooked SOBs and would sell out their employees to make a buck. I think they are avoiding discovery and trying to block GDSIs access to financial records because they have been skimming off the company for years and avoiding obligations to the Brazilian Government.
There could easily be several hundred million in unreported assets which could be open to the litigation for recovery. Again. JMO.
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