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loanranger

06/04/16 2:02 PM

#32375 RE: EDMGUY #32374

It's the second half that creates the disclosure obligation. The first time I read that language (a long time ago) it was a struggle:

"or rights that are material to the registrant and enforceable by the registrant against one or more other parties to the agreement"

Basically that says it is a material agreement if the amount of JNJ's obligation to DECN is material ("rights that are material to the registrant") and the agreement requires JNJ to make the payment ("enforceable by the registrant against one or more other parties to the agreement").

The first half would apply if DECN "lost the case" and had an obligation to JNJ. The "or" is important.

Thanks for the kind words. They too are a rarity on Ihub :o)