Replies to post #337444 on NorthWest Biotherapeutics Inc (NWBO)

[biosectinvestor]

The rule is a regulation. The SEC enforces its own regulations. The notion your describing is a hypothetical cause of action. They are not the same thing. And no judge is going to add a 4 day disclosure rule to a lawyers cause of action/legal claim and say that failure to disclose the trial data was a failure of reporting requirements. What would the remedy of such a case be? Obviously you’d know at that point. It would be a claim for fraud. And that is an entirely different question than the one we were discussing.

[biosectinvestor]

And material adverse events are contract related. It’s not what you think it is... it has nothing to do with the data. Companies like NWBO do not have such contracts and such clauses are too general for a lender to use them to declare an event of default in the context of a borrower receiving trial data and such companies would never agree to such terms. Upon an Event of Default,on a contract, the disclosure would be about the event of default on a material contract, not trial data, and typically that the parties are trying to work it out... etc. plus it would have a grace period, usually at least 30-45 days, sometimes up to 90, before the lender declared an EOD. And the grace period is triggered only after written notice and many lenders take a long while and are hesitant to use such clauses because of the potential for protracted litigation and liability. Such a contract clause would have had to have been drafted very specifically to cover trial data and would have to require disclosure to the lender, two unlikely terms among many unlikely assumptions and confused ideas.

[anders2211]

If they think this particular company will not faithfully carryout these duties they should think about selling

exactly that would mean that investor holds the opinion management are crooks which is never a good investment point of view