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olddog967

12/19/08 5:31 PM

#242166 RE: rmarchma #242156

ron; Completely agree. I was going to reply along the same lines in regard to the use of the word "agreement". From the little research I have done, in legal terms an "agreement" refers to a binding contract where all the required elements of a contract have been satisfied; but, in general usage an "agreement" refers to an understanding between the parties. without legal force.

in reply to:
First there is a difference between a "deal" and a "deal structure". An actual deal is a legally binding agreement that both parties have agreed to. IMO a deal structure or a framework is a preliminary set of understandings which the parties have established as a guideline for a finalized deal.
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JimLur

12/19/08 6:33 PM

#242177 RE: rmarchma #242156

rmarchma, As you know when the ERIC deal was done we heard the comment there was a "framework in place for a 3-G deal" from the company.

Some time later I had the opportunity to ask someone from the industry what that meant.

I was told as long as one phone call between parties takes place every quarter regarding their deal the framework is in place.

I don't think I ever seen Loop or any other of our attorneys give their interpretation of what having a framework in place means??
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mickeybritt

12/19/08 7:43 PM

#242184 RE: rmarchma #242156

rmarchma

Is it a deal if both sides agree that the Samsung rate will be the rate agreed on less if any discount? Is that a deal or just as I stated a contingency deal that until the Samsung rate is established just a pending deal?

Ever seen one person tell another I will buy one if you do. Well maybe IDCC said if you sign you agree to the Samsung rate less X if X is applicable we have a deal, but we don't know what the Samsung rate will be so therefore we technically still have no deal?

Mickey