NorthWest Biotherapeutics Inc (NWBO)

[pqr]

Captain I do not have the loan document fir the referenced $11M loan. (If someone has and sends a link I will look at that). However I doubt the loan terms will be determinative of the outcome.

When the loan was made the terms were remarkably commercial in nature - the interest rate did not reflect a high premium for apparent risk. Therefore IMO the lender - who was not apparently an insider but instead was identified by some on this board as being typically predatory- seemed not to analyze the extension of credit to be unusually risky. From this I surmised (and bought shares) that the
lender had received non-public information that the lender analyzed as indicative of positive TDL. And the November 1 repayment schedule seemed to indicate a likelihood that the parties anticipated that NWBO would be able to repay by that date.

To answer your specific question it would IMO be malpractice for the attorney who drafted the loan document to be unknowledgeable of the one-year clinical trial reporting rule or to fail to make compliance with “all applicable” regulations at least a general default. But since the lender is undoubtedly subject to an NDA they are getting regular reports of non-public information, the only reason for the lender to claim a default would be if that information was negative. So even if the loan would be in default I doubt the lender would do anything to negative affect the Company’s ability to repay.