phunny, if XMDC is rightful owner of BioH, then SL is rightful owner of the "consideration"--the Restricted shares. CONTRACT LAW
APA gets enforcement ONLY in court, mediation is an agreement that HAS to fundamentally change the APA. In Dec 2009 XMDC was 5-6cents, now its 1.2 cents, BIG CHANGE.
If a contract is found enforceable, ALL of the contract must be followed......so if we want ownership to be enforced(this is reason PL is suing SL, to make SL "perform" as the APA tells him to) This would be how things go if a court orders an "enforceable" contract, right now WE ARE NOT IN COURT
so, in mediation, ANY deal that works for BOTH parties can be made. What deal can be made NOW that mirrors the Dec 2009 deal? NONE, so I said that something better than the Dec 2009 deal is what SL is holding out for. Is that thought unrealistic? YES, is breaking an APA unrealistic? YES, and SL has done both WHY.....you've read my posts about WHY
This is where my last post starts and involves the questions that need to be kept FRONT and CENTER for realistic discussion--IMO
Of course the BioH is worth more than $4M, if it works, I believe it does, but we have no independent studies published that say so, just some done by SL and his assts.
MEDIATION IS NOT A COURTROOM, it CANNOT order "enforceability". so you CANT go forward with the thought that the BioH is rightfully XMDC's----YET, no court has upheld the APA
To assess WHAT deal is fair in mediation, the Judge will deal in FACTS and realistic statements-ALL the FACTS on the BioH rest in SL's laboratory, papers, not with PL. The APA is pretty much a mute point, SL BROKE it. We have heard that these 2 have done plenty of talking, the worth of XMDC is gone, the BioH is still in SL's control, is mediation going to find $10 million to pay SL to give up assets?
Answering the questions in my recent post will give us something to discuss
Its up to the board to decide whether the BOARD wants a discussion* or just a place to "dream chat"**.....a lot of one* and a litle of the other** has always been my focus
This isnt as easy as just waiting for Sept 30 to arrive..........
SOP
