Still wrong. GDSI can waive any condition for any party under 3.1.11.
Third parties are not parties to the SPA. SPA is an agreement between the Buyer and the Seller. No third parties are germane to the SPA. GDSI can drop an obligation to its self unilaterally and without any written authorization.
If you have an element to quote from the spa that prevents GDSI from exercising the right granted in 3.1.11. Please share them with us.
Pretty much every assertion you make has been incorrect. You continue to only use the Rontan defense filings as your basis. They have lost every motion to date. As for the representation that William Isaacson is the lead attorney for GDSI, do you really believe that BSF would allow GDSI to make that representation in numerous PR's and 8K's and not say anything. Do you also believe that a litigation hedge fund backed by some of the best Harvard Law School graduates would risk $6M on this case? Really can't say anything more. See you on the other side shortly after 12/9. I'll be the guy holding the stacks of benjamins.
As for the MSJ. As stated before and easily researched. Every attorney worth his salt will file a MSJ when all else has failed and or the weight of the facts in evidence start to overwhelm their defense.
Very few MSJs are granted. There only needs to be the very slightest amount of evidence presented by a plaintiff for a judge to dismiss a MSJ. GDSI has far surpassed that threshold.
There has been no dismissal of the complaint as evidenced by the setting of a trial date. Nothing else matters.
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