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Thursday, March 17, 2011 9:33:35 AM
Yes, really. Once again, with clarity. There was no formal written deal struck between WW or "Todd" or anybody by JD Brown. If there was, produce it or proof of it. Show the document signed between the companies. As I pointed out, there may have been an informal, "yeah, well maybe" exchanged which prompted Brown to seize on the opportunity to sell more of his PIPE funder's shares among other things, but there obviously was no contractual deal or it would have been honored by WW. Perhaps you can cite an example of a contract where a company, (the CEO of which is only a representative of the corporate entity which exists FOREVER), signs to allow distribution of product in their stores that has a clause that would relate to your ETC cabinet scenario between Expo and WW which clearly states in it "Unless the CEO dies...then the contract is cancelled"? Any example will be fine as I have never seen or heard of one....largely because, as I suspect you well know, 1) it's ludicrous and no one in their right mind would sign a contract with that clause in it and 2) it's highly likely no example exists because I doubt it could exist in a legal contractual agreement.
IMHO, there never was a formal written legal contract or it would have been honored, therefore there was no real enforceable "agreement" outside of a remote possibility of a distinct maybe...even that being totally unproven. Perhaps this agreement existed on an Expo website that was cached and is simply unavailable at this time and has had the potential to confuse Expo shareholders??? That has happened before. I look forward to seeing the "void only if the CEO passes away" clause as it pertains to the WW/Expo alleged "contract" at any rate. All IMHO.
SBB
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