i am still a bit unclear why EMS is bound to anagreement with BP if it is in liquidation. How can a company comply with its requirements if it is liquidation. The liquidator can sell the rights particularly if we were already in production but that process should be governed by the agreement and usually liquidation is deemed a fundamental breach permitting rescission particularly if the agreement has not commenced.
Where does therapex fit in? Obviously they are being retained on a fee for service not a manufacturing licence or JV.
this was from a july 11 update
"On the 27th of July 2010 the Administrator requested that EMS register the manufacturing rights held by HC Berlin Pharma (in liquidation) against the patents and on 31st August 2010 EMS informed the Administrator that it had taken the appropriate steps to do this. On the 16th of September 2010 the Administrator confirmed that once the registration was verified that any claim against EMS for € 8 million would cease to endure. This process is ongoing.
The Administrator subsequently asked that EMS confirm that the Administrator has the rights to dispose of the manufacturing rights. EMS has never disputed HC Berlin Pharma’s entitlement to the Manufacturing rights and advised that the rights to disposal are as set out in the License Agreement."
Any views on this issue. Suppose I could always right to SC.
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