Also stated very clearly in Judge Davis' Order approving the sale, was the following, "For the avoidance of doubt, such release agreements do not, and shall not be deemed, (i) to include a release of, or a release by, SpongeTech Delivery Systems...or (ii) to affect, terminate, or release any cause of action, claim or right of Kenneth P. Silverman...or his successor...against any party, including, without limitation, the Purchaser, Wayne Celia or any of their affiliates." Nor does the agreement restrict a defense by the purchasers against SpongeTech.
from paragraphs 36, 37 of the Order.
Diversified maintains similar rights against SpongeTech, as outlined in Exhibit 4.
Thank you for answering the question that I asked about the SEC looking into the NSS issue already. It seemed to me that you had baited the question several times already, and I was only trying to oblige you. That you suggest that it may have been done, and admit that you have no factual evidence, is perfectly fine. Sharing opinions being what these Message Boards were intended to do (at the cost of credibility, if that's anyone's objective).
