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Mr Biggerstaff

08/06/09 7:36 PM

#166053 RE: oneinamillion #166034

i am usually tech savy, but for some reason, i am having a helluv a time with the docs. i will email you the agreements once i get them scanned.

"the right of first refusal says-if a eco receives a bona fide offer to purchase a "controlling interest" of the equitgy in eco, or substantially all of the assets of the company, then eco will condition acceptance of the offer upon the right granted in section 9 to wow to purchase the offered interest for the price under the terms of the offer."

it futher says

"eco will notify wow in writing that it has received the offer. the notice of offer will summarize the price........................If the offer is in writing, eco will send a copy of the offer with the notice of offer"

bottow line, based upon wow's counter, eeso never notified wow of the offer. therefore, they breached the contract. law 101.

maybe a day or so before i get you the agreements.