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mortmann

04/03/18 3:08 PM

#62244 RE: cdiddy01 #62236

Having not been privvy to pharma deals other than as an investor after the fact, but plenty of experience with contracts as a prime and as a sub/supplier, with completion bonds, and other contractual performance guarantees, I wonder in what form the guarantees were provided that ADXS had to provide AMGN, so that they wouldn't cash the checks and run off to Paraquay, or non perform in a way that materially affects AMGN, or at some point unilaterally stops their end of the relationship. This goes to the concept of accelerated payments and the contractual consequences. I can guaranfreakingtee handing 400 mil over to ADXS mgmt, with an interim ceo to boot ain't gonna happen. Just not gonna happen... Even with a new CEO, unless its an AMGN plant, forking over 400 mil, which they could buy the entire company for, it's not gonna happen. I sorta digressed there, but obviously there are no guarantees of results in bio, but there have to be penalties on the non performance (however that is defined) side of the process. As my dad used to say, the clauses that keep the honest guys honest.