No one is saying there isn’t a CA or NDA in place. I am certain every company that made a bid signed an NDA in order to see under the hood and potentially make a bid. And per the “smoking gun” snippet IE posted, the entire agreement surrounding the sale was the APA and said CA or NDA.
The snippet DOES NOT SAY that the NDA would prohibit someone from mentioning a secret deal. In fact, it specifically says there is NO OTHER DEAL between the parties other than the APA and NDA.
They actually go out of their way in that paragraph to make sure it’s clear this is the only deal.
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