Replies to post #2126 on VIASPACE Green Energy Inc (VGREF)

[hedge_fun]

Get the contract right and we stop any back room licensing deals by China Gate or Mr Chang!

What do you mean exactly? The VGE license is exclusive ONLY in Guangdong and the US, not the rest of the world. Even Chang couldn't stop China Gate or the Inventor from selling to others.

Karl/Dr. Schewe are looking to acquire commercial development rights outside China and Taiwan.....right?

In addition, term sheets have also been signed which give VGE the right to commercially develop Giant King Grass in China and Taiwan and give VIASPACE the right to commercially develop Giant King Grass in the rest of the world outside China and Taiwan.

http://ih.advfn.com/p.php?pid=nmona&article=53653390

First of all, do we even know if VGE can grant such rights? VGE only has the right to purchase seedlings. I see NO WHERE in any agreement filed with the SEC that shows VGE can grants licensing rights to anyone........of course I could be wrong. If you have proof, please provide it. Here is from the original SPA.....

(e) Licensor Agreement. Licensor has entered into an agreement (“Licensor Agreement”) with Inventor to purchase seedlings of three types of fast-growing, proprietary grasses developed Inventor and identified as “Giant King Grass”, “Purple King Grass” and “Elephant Grass”, for use as livestock feed and cellulose-based fuels. The Licensor Agreement grants Licensor the exclusively right to purchase such seedlings in the United States and Canada and the exclusive right to purchase batches of over 20,000 of such seedlings in Guangdong province, PRC, provided that Licensor purchase a minimum of 1,000,000 of such seedlings each year. Licensor also has non-exclusive rights to purchase such seedlings for use on a worldwide basis. The term of the Licensor Agreement is at least three years. Licensor has paid all required licensing or other fees or payments under the Licensor Agreement as of the First Closing, is not otherwise in default of the Licensor Agreement, and the Licensor Agreement is valid and enforceable in accordance with its terms.

(f) Grass License. Licensor has entered into the Grass License with IPA China pursuant to which Licensor has granted all its rights under the Licensor Agreement to IPA China. IPA China has paid all required licensing or other fees or payments under the Grass License as of the First Closing, is not otherwise in default of the Grass License, and the Grass License is valid and enforceable in accordance with its terms.

(g) Grass Assignment. As of the Second Closing, the Grass Assignment is valid and enforceable in accordance with its terms.

http://www.sec.gov/Archives/edgar/data/1465062/000101968709002041/viaspace_s1-ex1001.htm

Now the grass license was suppose to be "assigned" to IPA (see g above), but when Karl needed the 3rd extension on the 2nd closing, China Gate and Chang had Karl waive that requirement, which he did. So IPA still must go through China Gate and the Inventor to obtain such rights......in my opinion.

2. We note your statement on page seven that the parties’ obligations to consummate the second closing are conditioned upon the execution of the assignment of the right to grow and harvest fast-growing grasses from China Gate to lPA China. Please revise your disclosure to indicate the anticipated terms of the assignment, when the parties anticipate executing it and whether the original licensor of the grass has agreed to such assignment.

Response: We have waived this requirement in exchange for Chang and China Gate executing the third amendment to the Securities Purchase Agreement.

http://www.sec.gov/Archives/edgar/data/1465062/000101968709003681/filename1.htm

Please elaborate on what you mean when you suggest Chang and China Gate could be stopped from "back room licensing deals". And what do you mean by insurance?

Do you really think this grass is so valuable that they will allow VSPC to have rights to it? Or don't you think, as I do, that if this grass was worth the millions Karl suggested over and over that the license would have cost more than $507K when the SPA was signed in 2008?

It's almost 2013 and not one freaking deal has been signed that I know of except these so called "test plots" for RuBa and Seema, and/or an unnamed company, likely Seema.

DP doesn't sit around and wait, they are capitalizing where they can. Over 3 years since VSPC announced the DP MOU and not one thing to show for it........why?

http://www.viaspace.com/press_article.php?id=1279