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Re: mingwan0 post# 14718

Thursday, 05/27/2004 11:15:09 AM

Thursday, May 27, 2004 11:15:09 AM

Post# of 82595
mingwan0,

I agree completely, I think that it is appropriate to withdraw the questions regarding non-competes. Although I personally, am still not comfortable with my understanding of the details, it is inapproriate to include them in their present form.

Just for your own reference I based the questions on my own misgivings. I have this nagging discomfort regarding the security of the shareholder value, I know it is paranoid, but I can't seem to let it go. There seems to be no tangible connection between the shareholders and the IP that is only real value that the company owns.

It has occured to me that if some subset of the principles were to create a private company of their own perhaps one that was not in 'direct' competition to DNAP. They could 'license' the technology at some discount of it's market value. They could include in the agreement (standard boilerplate) that would protect their license in the event of DNAP's failure. If this was to occur and DNAP was to fail, either through bad luck or the resignation of the principles or some other unforseen catastrophe, the shareholders would be left with nothing except a UHT machine that has a dubious lineage and an abandoned lease, while the players would get to move on with the technology, unencumbered by a bunch of unhappy investors. I was trying to understand the specific restrictions of the non-compete agreements to see how much 'play' existed in them.

As you can see, it is not a valid topic for the meeting and it has no real basis in fact. As I said, I'm just feeling a little paranoid at this juncture.


Please delete the questions.