EMS 0.00% 1.3¢ eastern metals limited

trial update out. reads well, page-40

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    not sure if this is too simplistic a view and not sure how it fits into german in law but:

    1. If BP is in administration whether voluntary or otherwise, the administrator steps in to the shoes of the company. It can elect to take steps to comply with the manufacturing agreement i.e make the stuff(obviously this will not happen) or assign, transfer of sell the manufacturing rights (this will often depend on the terms of the Agreement).

    2. If BP is in liquidation the liquidator will seek to obtain the best return for creditors. This usual involves realising the assets and distributing to creditors.

    In most cases agreements will provide that liquidation of a party is fundamental breach of the agreement allowing the other party to terminate as that party cannot perform. Again this obviously depends on the fine print of the agreement and the law of the land.

    So I am not sure where EMS sits in all of this but given it has not be resolved to date it cannot be as simple as 2. above.
 
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