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eagle8

11/23/16 11:24 AM

#84968 RE: monentum2play #84965


Thank you.

GLTU
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XenaLives

11/23/16 12:38 PM

#84978 RE: monentum2play #84965

Add the Recap extension to your browser.

Register for a free pacer account.

Go to pacer case locator.

Type in the case title: Yonemura v. Powers

You can look at the docket, it will automatically be saved to recap.

OK - I've already done the above and the docket is archived on recap.

Two latest documents are:



11/15/2016 37[RECAP] STATUS REPORT by Alton L. Boynton, Cognate Bioservices, Inc., Robert A. Farmer, Jerry Jasinowski, Navid Malik, Northwest Biotherapeutics, Inc., Linda F. Powers, Toucan Capital Fund III, L.P., Toucan General II, LLC, Toucan Partners, LLC(Mendro, Jason) (Entered: 11/15/2016)

11/16/2016 38 PAPERLESS ORDER CONTINUING the STAY and Joint Status Report is due on January 16, 2017. Case will not be STAYED beyond January 16, 2017 absent extraordinary circumstances. Signed by Judge Paula Xinis on 11/16/2016. (tb2s, Chambers) (Entered: 11/16/2016)



Here is a link to the joint status report:
http://ia600206.us.archive.org/34/items/gov.uscourts.mdd.334037/gov.uscourts.mdd.334037.37.0.pdf

Here is a link to the docket which is now updated:

http://ia600206.us.archive.org/34/items/gov.uscourts.mdd.334037/gov.uscourts.mdd.334037.docket.html


Now - since there is no charge for Pacer if you use < $10 per quarter it would be very good if others followed the procedure I've outlined. Better than linking to a paid site.

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Smokey21

11/23/16 12:43 PM

#84979 RE: monentum2play #84965

JOINT STATUS REPORT The Plaintiff and the Defendants (collectively, the “Parties”) respectfully submit this joint status report under this Court’s March 18, 2016 Order [ECF No. 31]. In support hereof, the
parties jointly state as follows: 1. Counsel for Plaintiff and Northwest Biotherapeutics, Inc. continue to engage in good faith discussions about whether the litigation and demand letter can be resolved. 2. The Parties jointly submit that the stay should continue and will file their next Joint Status Report on January 16, 2017.

So, no report from Ambassador Black yet.
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forumreader35

11/23/16 12:45 PM

#84981 RE: monentum2play #84965

Someone posted the original document to scribd:
https://www.scribd.com/document/290761515/Yonemura-v-Powers-Et-Al
You can't download without an account but you can read

Convertible debt discount rate seems to be the big issue.
Found typical convertible debt discount rate of 15-25% but can be higher with increase in perceived risk. Eary biotech with no revenue is as risky as it comes I'd think. Excerpt from
https://www.cooleygo.com/convertible-debt/
Conversion discount. In many cases convertible notes provide for a discounted conversion into the issuer’s equity, on the theory that the noteholder should receive a benefit relative to the subsequent equity investors in recognition of the added risk taken by the noteholder by investing earlier in the issuer. A typical discount off of the price paid by the subsequent equity holders would be 15-25%. Conversion discounts may be higher in investments with more perceived risk, either because the note may have a longer maturity or because of the specific circumstances of the issuer. Note that with the increased use of caps (see below), the variability of conversion discounts has been greatly reduced.