Many different ways to skin the cat Art, so it doesn’t have to be a rigid/one way/myopic take on the part of the buyer or seller; even regarding a merger.
Consider…Partner or buyout discussion commences…NDA takes effect. Tentative agreement on convertible notes being surrendered by KW and loans paid off by prospective partner. Stipulation from KW that other lenders be made whole and that the agreement incorporates satisfactory fiduciary responsibility in regards to shareholders’ take, which can be in various forms.
Under merger, KW (and others?) appointed to a Consultant role (even if in name only) to be paid reasonable immediate compensation with additional agreed-upon, time-limited adequate compensation when and if various milestones are reached in lieu of convertibles surrendered, WITH milestones also contingent on NoPain Act revenues. Agreement is announced by both companies and shares ascend and maintain upward trajectory and/or buyout announced.
In essence, lenders/loans paid, convertibles surrendered, agreed upon immediate monies to KW et al with time-limited compensation via Consultant role in lieu of convertibles surrendered, patents freed up from EXIM in merger, and IBEX and St. John’s go bye bye, agreement is PR’d and shares do what?
No more headaches for KW, just compensation over time for her and pending value for shareholders, and her remaining shares are icing on the cake. Retirement for all intents and purposes. Andrew Whelan legacy honored.
That ain’t all.
A merger of BIEL with a power house would be the most favorable outcome for common shareholders given the partner’s ability to conduct clinical trials with ROBUST validity/breadth/depth, being TIMELY and respected widely. It would PROPEL inclusion of RRx under the NoPain Act, thus WIDER adoption by healthcare and perhaps Standard of Care.
Equally important, the process of CMS insurance reimbursement increases considerably and expeditiously given the financial agility and connections of the partner/buyer, having established networks/liaisons, and most importantly, their LOBBYING power, all the while having the resources to meet any product demand and whatnot given their massive resources and connections.
So, no need for the resolution to follow down a one-way street as some have noted. I’ve described but a few options to travel. The roadmap has creative avenues available for reaching the final destination that’s acceptable for both companies.
The NoPain Act is the motivator and propellant going forward. What that is worth is the $64,000 question (pardon the oldies reference).
What can a monied and well-connected partner or buyer do with the 5 FDA approvals and NoPain Act?
Place your bets. No guarantees, yet nothing ventured, nothing gained.
All imo.
