Will ALL new BODs be privy to ALL sealed court records from any and all records that were made available to former BODs?
I think this is where it may be important, because no deals of any kind should be negotiated unless ALL new BODs at Peregrine has all the information at their finger tips ...and IF not, then they may be legally ok to approve any such breadcrumbs deals
Determination of value for IP will come from what is publicly available based on clinical data, trials, etc. It will not come from some sealed testimony in a court case.
biopharm, the CONTRACT that was published is between PPHM the COMPANY and the parties listed in exhibit A.
Exhibit A
The Ronin Group
RONIN TRADING, LLC
RONIN CAPITAL, LLC
SWIM PARTNERS LP
SW INVESTMENT MANAGEMENT LLC
JOHN S. STAFFORD, III
STEPHEN WHITE
ROGER FARLEY
For starters I have a problem that PPHM (the company) can sign a contract with a SINGLE or a MINORITY GROUP of shareholders, decide on positions and board constitution, even pay 75.000$ to RONIN for costs, etc and make it public at a time that NO OTHER shareholders could react by making a new Shareholder's Proposition in due time.
We have to keep in mind that BOTH parties agreed up-on such timing. Now, because for NOW it looks like we got what we wanted I figure that not many people will make a problem of that, however, it remains a 'crowbar' to legally challenge this agreement.
Now that aside, notice how this contract is FULL (and actually besides the BoD nomination almost exclusively) of prevention that ANYBODY should ATTACK ANYBODY, or ask SOMEONE ELSE to attack or EVEN SUGGEST to attack based on past facts.
However, LEGALLY one shareholder (or small group thereof) and neither PPHM can in any way BIND new director from NOT DOING THEIR D&D and going to the bottom of things. They may need a KICK in the A.. to do so, such as a lawsuit, but that is counter productive. Actually does anybody want that?
IMO if something happened in the CSM story with involvement of PPHM (that is IF) then I think of the scenario of PPHM WILLINGLY loosing the Lawsuit against PPHM by running in purposely the trap of the to late mentioning of fraud by JB (while that info was KNOWN by JEFF as of day one EVEN before the PR about the dose switching and we saw Jeff disappear). Hence settlement in favour of PPHM of 600K$ limited to contract stipulations, a limit that would not have been applied with FRAUD added at the end (to late according the judge).
But what would it bring us to open that now? CSM will say it doesn't impact them unless new CRIMINAL charges would be filed. The Old PPHM BoD has nothing, except maybe ES with Rosswell and so, to compensate and it would ALSO need criminal charges.
For us it is MORE important that the LID comes of the PS-targeting pipeline and that the REAL qualities and potential of Bavituximab are emphasised. PPHM never cleaned-up the dose switching case by telling the public that the dose switching was in the disadvantage of Bavituximab and that the 113% increase on SOC survival was actually an UNDEREVALUATION because it's 1mg/kg arm patients didn't receive their due amount of Bavituximab and the Docetaxel Contral arm patients got Bavituximab, their by even rendering the 3g/kg Bavituximab arm less effective as it really was.
PPHM also NEVER explained WHY the Sunrise control arm over performed dramatically while NOW we start seeing scientific papers that say that patients in clinical trials (which MUST BE 3rd line because Bavituximab was 2nd line) that were in the BAVITUXIMAB ARM of Sunrise performed BETTER then those that were NOT.
But again that gets berried under SILENCE.
What happened with the BREAST cancer trials, they were all good from the start, even BEFORE 2012.
SO the NEW BoD must start a program to surface all that and build VALUE to be leveraged by licensing or selling the PS-Target IP+pipelines. They need a TEAM that they control (and not controlled by King because if this was berried he must have known about it and under the new contract with RONIN he must be VERY CAREFUL what he says) that can do that and dig, dig, dig.
But again, we have a year or maybe more to see who will do what. And WE are NOT bound by any contract because we were NOT at the table. And since from the SEC listings RONIN in the end is apparently in the known about the PPHM strategies they should technically keep their position and now DRIVE the value of the company UP but for the REAL value and not based on some 3rd party report that is usually used to tell shareholders : you see, that is the value a 3rd party company said it.