I assume by what you mean as 'substantially similar claims' that that means substantially similar past financing deals with ACTC and given the 2009 case law settlement and the judge's current ruling in Alpha, that ACTC has a very good idea of what the total aggregate of share claims could and should potentially look like.
(As you've noted, I don't think the plaintiffs are in a very good state of mind regarding how ACTC has treated them in the past which may negate a 'global settlement' and just drag this out to our apparent detriment and expense. Time will tell.) And as you note there are on going expenses to meet, so we're looking at something quite a bit in excess of the 428 mil figure, I'm guessing?
The 428MM comes from ACT's projections on potential lawsuit shares, so yes, if they ask for shares it would most likely be quite higher than that.
Bottom line, as I understand, approving the additional shares is absolutely necessary and not negotiable.
The alternative sucks
From some experience in biotechs in the past, it's very possible that enough time will have lapsed to observe the initial patients injected and that coupled with the whole next cohort, if all positive, that some big pharmas have moved to jv or invest at that stage and prior to phase III.
IMO< ACTC is in a strong position in tat respect.
It seems to me possible then, given a successful proxy to increase the AS, coupled with continuing positive clinical data, could move us to another level of associations with big pharmas in 2012.
Also, I might note, if Roslin is already producing stem cells, which i don't believe we know, that represents immediate potential revenue for ACTC
10Q is due by Nov.9...if any revenues are coming from Roslin the Q will indicate such. I seriously doubt it but one never knows.
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