Replies to post #311961 on NorthWest Biotherapeutics Inc (NWBO)

[anders2211]

That's all the assets on the balance sheet. Cash and prepaids are real money, so can't write those down. Right of way is a lease issue, so not specific to the trial. So they might be able to write down PPE, Construction in Progress, and whatever is in Other Assets. That's a bit over $2 million. As far as the $1B you mention as spent, that is already shown on the Balance Sheet as $895 million Accumulated Defecit. It has already been expensed, so there is nothing to write off.

Your definition of material impairment is somewhat that of what Investopedia is saying

Impairment describes a permanent reduction in the value of a company's asset, such as a fixed asset or intangible.

But is Not what the SEC means with the legal term "material impairment".
For example, if a listed company has $ 1 billion in real estate or shares on its balance sheet and the real estate/stock market forces the listed company to reappreciate the value of that asset every 2 weeks would that trigger the listed company to a mandatory 8K? The answer is no. What is then meant with material impairment www.lawinsider.com/dictionary:

Material Impairment means a material impairment of the Company's financial condition or of the Company's ability to operate the Business as currently conducted or of the Company's ability to consummate the transactions contemplated hereby

One of the legal definitions the SEC regards as mandatory to file an 8-K is when a listed business is no longer able to operate and conduct its business as usual. In case of a failed trial that would be textbook appropriate for NWBO because it most definitely would be no longer able to operate and conduct business as usual. If the trial fails everything changes for NWBO and they would even be forced to file for bankruptcy. In the case of bankruptcy, all NWBO balance assets will have become worthless which will then also cover your definition of a Material Impairment.

Therefore IF NWBO would learn the trial has failed, which I do not believe will happen, then NWBO is obligated by SEC rule for more then one reason to within 4 business days 8-K that news. The same if the trial has succeeded, by the way, see my previous posts.