Replies to post #356757 on NorthWest Biotherapeutics Inc (NWBO)

[biosectinvestor]

Excellent DD.

And the expiration is not now effective until...the LATER of five years after the first commercial sales of DCVax-L....

I think the negotiations are about details not whether Cognate can or can’t enforce that contract if they wanted to do so....and likely, they would wait to see what happens with the biological application before taking any hasty action since it means money for them...


This Agreement will remain in force until the later of seven (7) years from the Effective Date (the “Term”) or five (5) years after the first commercial sales of DCVax®-L Products pursuant to a Biologics License Application or marketing authorization (not a compassionate use, hospital exemption or similar authorization), unless terminated earlier pursuant to Section 6.2

6.2    Termination
 
Either party may terminate this Agreement in the event of a material breach by the other party which remains uncured after notice of such breach for a period of thirty (30) days in the case of a monetary breach, or a period of one hundred twenty (120) days in the case of a non-monetary breach that is material to the contract taken as a whole

[Poor Man -]

Excellent post.

There is little doubt that the CRL acquisition is de facto a three way arrangement, albeit not fully binding. It might be another reason for the ultra secrecy if multiple parties are involved, especially one or two (?) are public companies.

I still don’t believe LP has handled this well in terms of investor relations. But this at least might explain the extreme (and it is extreme) lack of information.