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loanranger

11/07/11 8:14 AM

#141168 RE: Johnik #141164

Of course it was an oversimplification, but I didn't minimize the significance of the clause. It didn't require it. The ENTIRETY of the clause could have been summed up with "We'll talk".

It was clear to me that you reproduced the clause in response to flptrnkng's "No exclusivity". Since I addressed an exception to a similar comment quite a while ago I felt no need to do so in detail again. Obviously you missed it, so here it is:


And here is the only reference to any significant exclusivity that is in that agreement (the word "exclusive" only appears 4 times):
"1.11 For the purpose of facilitating JBI’s use of the License Area, subject to the terms and conditions hereinafter set forth, RockTenn hereby grants to JBI an exclusive license, that may not be terminated until the earlier of the expiration of the Term as described in an Agreement Addendum or earlier termination of this Agreement provided herein, to operate the AST System, the Pad, the Steel Shed, Plastic Feedstock from any RockTenn Facility covered by an Agreement Addendum,any RockTenn Facility landfill covered by an Agreement Addendum and the JBI Machines for the sole purpose of producing Fuel."

As I said, the only things that RKT has granted JBI an exclusive license to do is to operate the facilities and machinery to process whatever RockTenn raw materials that RKT is inclined to provide in accordance with a specific agreement addendum.

There is nothing in the agreement that says that JBI "has EXCLUSIVE rights to the waste plastic from NYSE: RKT from their paper mills, MRFs, and plastic-filled (only) monofill sites".
They don't.

There is nothing in the agreement that says "No other plastic2oil company or waste-to-energy company or any company in the world including a kindergartener wishing to make a class project from some of their waste plastic can go over get waste plastic from NYSE: RKT except JBII."
They can....providing the specific waste plastic source isn't covered by a JBI/RKT agreement addenda.