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dragon52

09/29/10 4:20 PM

#114047 RE: 4u2nv2 #114041

you mean he has to declare it in a filing not necessarily uplist....

and it will also depend on it's perceived value, wouldn't it?
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stringofpearls

09/29/10 5:08 PM

#114050 RE: 4u2nv2 #114041

Mediation/Uplist FAQ's.........

mediation is NOTHING more than 2 parties sitting in an ice cream parlor AGREEING to do something....in this case its PL and SL TRYING to agree on how to get the BioH to market, etc

except for here, we have a lawsuit that is hanging over SL's head, but EVERYTHING in that lawsuit doesnt apply until we go to a regular court, so the lawsuit is there to motivate a MEDIATION

SO

this is a COURT supervised mediation, meaning IF the 2 parties CAN COME to an agreement, the COURT then makes it an ENFORCEABLE agreement, whereas the ice cream parlor agreement it would be your word against theirs

WITH ENFORCEABILITY comes legal action if 1 party doesnt follow the new MEDIATION agreement(different, or possibly the same as old APA).......if legal action is needed, most likely that legal action will allow XMDC to build BioH from its own documents, force SL to either give up assets, hide in Korea, or be arrested if he sets foot in USA


THE UPLIST is a whole big ball of "what ifs" and "yet to be determined" legal questions, the biggest one being is that we have no ENFORCEABILITY of the APA that was signed in Dec 2009, so literally the value of the BioH is not known until SL and PL put a value on it............if they decide to AGREE on something as terms for going ahead, they will re-value the BioH, and that will be a NEW value based on todays terms(whats PAST is PAST)

END result on REQUIRING an uplist, WE WONT KNOW until an AGREED upon value is PUBLICIZED, if it exceeds SEC regulations then an uplist is needed........

As of now, SL and PL do not AGREE on any values or ownership, BUT PL's got an APA that reads real strong

Just like an episode of TV's Batman, stayed tuned tomorrow, then stay tuned tomorrow SAME BAT CHANNEL SAME BATTY characters..

SOP