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Monday, February 19, 2024 7:22:07 AM
"1.2 Excluded Assets. Notwithstanding anything to the contrary in this Agreement, in
no event shall Seller sell, transfer, assign, convey or deliver, or be deemed to sell, transfer, assign,
convey or deliver, and Seller shall retain, all right, title and interest to, in and under any assets
other than the Acquired Assets (collectively, the “Excluded Assets”) including such right, title or
interest in the following:
(g) except with respect to the Foreign Subsidiary, all shares of capital stock,
limited liability company interests, or other equity interests of Seller and each of its respective
Subsidiaries or securities convertible into, exchangeable or exercisable for any such shares of
capital stock, limited liability company interests, or other equity interests;"
pp 45-46/95
https://document.epiq11.com/document/getdocumentsbydocket/?docketId=1061258&projectCode=HUM&docketNumber=155&source=DM
So I disagree with TwongStocks saying that Taran will not be acquiring any equity of HGENQ. I think the above says, in effect, that Taran WILL be acquiring HGEN shares held by Dale's entities.
I think this is saying that shares in HGEN stock are excluded from the the sale to Taran, EXCEPT for those shares held by Dale's entities. I could be wrong, this is a lot of information to process in a compressed time. But it is my best interpretation of what this means. I just hope that the conclusion of the bankruptcy brings about the recall of the loaned shares, and perhaps a bit of additional news.
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