OT,
This is that dead horse I was worried about.
You made a point of emphasizing:
"This part says 'the company' (SPNG) does own the patents, etc. etc., not the H.H. Brown Shoe Company. How about that:
"Spongetech Delivery Systems, Inc. (the "Company")"
8K for 7-9-09 Ex. 10-1. ""
However, the parties are defined in the heading of the agreement:
MEMBERSHIP INTEREST PURCHASE AGREEMENT
THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT, dated as of July 9, 2009 by and among SPONGETECH DELIVERY SYSTEMS, INC., a Delaware corporation, having its principal office at 43 West 33rd Street, Suite 600, New York, New York 10001 (the "Purchaser"), DICON TECHNOLOGIES, LLC, a New Jersey limited liability company having its principal office at 100 Dicon Drive, Black Creek, Georgia 31308 (the “Company”), and WAYNE M. CELIA......(etc.)
And the section that you quote (4.13 Intangible Rights) is from the article entitled "ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE SELLERS"
Pick a couple paragraphs from anywhere in the agreement and read 'em and it'll be clear.........the Company is Dicon.
