I never posted a quote of the clause but as I have said. Seller is not give the right to waive anything in 3.1.11 only the purchaser. I have only referenced the clause. Never quoted it. I prefer to allow other to read for themselves so that I don’t get accused of misquoting written documents. Imagine that!
You claim it says seller. Please direct us to where that wording is so we can all see what you are talking about.
Remember 3.1.11 gives Delgado every right to waive any condition he wishes concerning Rontan. Which is any third party information for GDSIs benefit as a result of Due diligence.
Again. Thanks for reposting the SPA and everyone can look at 3.1.11 and come to their own conclusion.
Another item you have wrong. KPMG and GAMC are not “third parties” they are “non-parties”. Neither has any standing in this litigation or the SPA.
Wait till you see the latest ruling by Judge Bannon. Not looking good for Rontan. Rontan Ordered to turn over all financial records 2013-2016 and tax documents from 2013-2017. A few other little tid bits also. Will make for a fine read when you get it.
IMO. Its not sounding like there is much interest in granting of the MSJ. Until we get the ruling tho anything is possible.