found this re royalty., page-19

Hi, just to clear up the hypocrisy of your last post hard man.

"Without admitting you were simply wrong about that everything else you post is tainted by your obvious attempt to save face."


Exactly the same argument can be made regarding your own posts regarding...

"1. an 'arms length' party has purchased the SMR from Nuinsco for $5.1 million"

and

"Nuinsco are entitled to on sell the benefit of the their smelter royalty with CVY, and have done so.

Once again, Nuinsco has not sold the royalty, nor has the mystery buyer purchased or bought the royalty as you keep stating. The two parties have simply entered into an agreement subject to CONDITION PRECENTS that are likely to include consent by CVY. This is likely to be provisioned under the royalty agreement (not the press release single paragraph). The royalty is not bought or sold until the current version, or a modified version of the transaction closes, if indead it closes at all!

Agreements of this nature are likely to include a provision similar to the following example which are designed to protect both parties against contractual rights being unilaterally alienated.

For example...

"(f) No Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned or delegated (i) by Titan without Deerfield’s prior written consent or (ii) by Deerfield without Titan’s prior written consent, such consent not to be unreasonably withheld or delayed"

http://www.faqs.org/sec-filings/110318/TITAN-PHARMACEUTICALS-INC_8-K/dex105.htm#ixzz27cYzJcDE

In my opinion, the only way CVY will reasonably consent to this agreement, and the only way the mystery buyer is willing (or mad enough!) to pay the $5.1m, is if CVY is compensated by the mystery buyer / Nuinsco from the $5.1m proceeds. I think this is a more plausible explanation of why the mystery buyer is willing to pay $5.1m rather than a farfetched idea it is part of a takeover conspiracy. To avoid embarrassment or the agreement falling over, I suggest the parties have already verbally agreed to such an arrangement and the formalities of written consent are being finalised before the transaction closes. Hence, the reason why CVY has not made an announcement as the transaction is deemed to be incomplete until it privides the written conditional consent or the transaction closes.

Marxist