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Yooper61

06/24/20 9:13 PM

#305609 RE: Lemoncat #305605

You have ignored the claw back provision. The can’t just sit back wait for IP to progress the IBD. I would expect they would forfeit their right of first refusal if they fail to perform. That’s why I would be busting my ass right now to fulfill the the terms of the agreement, just to keep UP. They won’t be able to match the offers that are coming for IBD.
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thefamilyman

06/24/20 10:02 PM

#305619 RE: Lemoncat #305605

You said, “They still have right of first refusal on any future IBD indications (that's what they bought for $420K) so no one can snipe it out from under them.”

The problem with giving someone a “right of first refusal” is that if everyone knows it exists, it becomes a big disincentive for another company to do the detailed valuation research necessary to develop a real world offer. After all, why should they invest the time, effort, and money if all a competitor has to do is match the offer. Of course, Leo can always take AS to court if they don’t perform in a timely manner. But interestingly, the only way to avoid either the lowball scenario or years of litigation, may be to go it alone for IBD. I have voiced my support for Leo going it alone for some indications, however IBD would not be my preference for this option.
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Luckytouch

06/25/20 12:01 AM

#305638 RE: Lemoncat #305605

Question. Would AS lose the right of first refusal if they baled on development of foam/gel B for UP/UPS? Also there might be opportunity, off label, in the peri operative area for colon surgeries eg colon ca. B is an anti infective and anti inflammatory. Just spit balling. Good luck everyone.