Calypso Wireless (fka CLYW)

[Cougar6]

Because this 8K is not an announcement of a finalized settlement -- it is not a definitive agreement.

"Section 1 -- Registrant's Business and Operations
Item 1.01 Entry into a Material Definitive Agreement"

http://www.sec.gov/answers/form8k.htm

In addition, the agreement must be filed with the 8K

From the definition of a material definitive agreement:

"We have clarified that only agreements which provide for obligations that are material to and enforceable against a company, or rights that are material to the company and enforceable by the company against one or more other parties to the agreement by the company, are required to be disclosed pursuant to Item 1.01, regardless of whether the material definitive agreement is enforceable subject to stated conditions."

http://www.sec.gov/rules/final/33-8400.htm

So, it is not a material definitive agreement until it is enforceable. An agreement to agree, under contract law, is not enforceable.

"In any event, the registrant must file the agreement as an exhibit to the periodic report relating to the reporting period in which the agreement became material if, at any time during that period, the agreement was material to the registrant."

http://www.sec.gov/divisions/corpfin/form8kfaq.htm

So, the agreement must be attached to whatever 8K actually announces the agreement. (ok, it can be attached to the next quarterly report ... but management hasn't filed one of those since...)