Replies to post #120907 on NanoViricides Inc. (NNVC)

[arvitar]

We don't know what the agreement is between Theracour and ALLEXCEL Inc. That doesn't matter.

I think the exact opposite. The terms of the agreement between AllExcel and Theracour are critically important for NNVC, and hence its shareholders.

Theracour would not be able to sub-license more rights to NNVC than what they are allowed under their agreement with AllExcel.

The terms between AllExcel and Theracour would likely include, for example, time limitations on how long Theracour has to commercialize their licensed patent claims before they would lose those rights. Such terms would then also apply to NNVC, even if they weren't mentioned explicitly in the agreement between NNVC and Theracour.

Terms between AllExcel and Theracour would also address royalty payments, milestone payments, profit sharing, payments on sub-licensing deals, and the like, that Theracour is obligated to pay AllExcel. Each of those could affect the bottom line of NNVC, and would certainly constrain the terms of any sub-sub-licensing deals NNVC might be able to make with other parties.


On the bright side, it gives Diwan three potential revenue streams from the same patent. He would benefit as an NNVC shareholder from any profits NNVC makes, should they ever make any. Then he would also benefit from whatever payments in royalties and revenues NNVC is required to pay to Theracour, and then again from any payments Theracour makes to AllExcel that are in addition to what NNVC has to pay Theracour.

[arvitar]

Additionally, one must ask why Diwan chose to give NNVC some rights to the patents through this messy, circuitous route.

He could just have had AllExcel re-assign its ownership of the patents to NNVC, in return for all the equity he received in NNVC. Then none of the other agreements would have been necessary. That would have made everything squeaky clean and transparent.

Or he could have transferred all rights to the patent from Theracour back to AllExcell, followed by a direct agreement between AllExcell and NNVC. Again, much cleaner and more transparent than the current situation.