I make no representations with regard to whether or not delivery of product is a material event . I agree with you that it is arguable.
What is not in dispute; however, is that the requirement to disclose material events supersedes NDA’s. If the NDA states otherwise, it is unenforceable, and should not have been signed.
My personal opinion, at this stage of KBLB’s trajectory, is that delivery of anything to anybody is a material event.