It doesn't matter but some are grasping at straws. Pxyn and NHS are over 110 days into this deal without either party cancelling the deal... aka... both parties are very happy... there is no misleading... a deal was struck and a payment schedule was amended. Period... anyone who knows contracts knows that an amendment is a re-opening of the contract (which allows either party to terminate) to make a change then closing it again. Happens every day. Both parties thrilled and sales booming... fact...
Why does this matter? If NHS is not fulfilling Praxsyn's expectations of sales, Praxsyn can terminate this contract without cause! Praxsyn is not on the hook for $120,000,000 if NHS cannot perform! This is a dead issue!
That's a really good question, but here's a better one, and it's hardly a dead issue
Why would a company enter into what appears to be a ridicules contract, quickly and secretly neutralize it, and then withhold that information for a month and a half?
If one didn't know better, one would think that the whole purpose of the original contract was to fool investors into thinking that there was going to be about $250M in revenue. Of course this could have been explained had the company wished to, but apparently the didn't wish to, why?
I agree that they are not on the hook for anything, but that's because the contract has be rendered unenforceable by removing one of the key elements.
PXYN used the contract as promotional gimmick to sell stock, then they neutralized it. Fact