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Message: TPL/PTSC Agreement

Aug 07, 2007 04:07PM

Aug 07, 2007 04:26PM

Aug 07, 2007 07:45PM

 The agreement below may in fact tie our hands. This could affect release of information by PTSC if TPL has a strong objection that could jeopardize the case. This could possibly make the 10K that much more juicier or at least inform us that no new licenses have been signed. However, could this cause PTSC to have to downplay the biggest tool of our marketing effort? Bull was released after; possibly no one else has signed or possibly TPL is not out vigorously attempting to get licenses or companies are waiting to see what happens or........ I remember Judge Ward said early on he didn't want the plaintiff bringing up licenses as proof that infringement existed in this case.

 7.6 Public Announcements. From the date hereof until the earlier of the
Termination Date or the termination of the Commercialization Agreement, TPL andPatriot agree to consult with each other before (a) issuing any press release,
(b) making any public statement with respect to this Agreement or the
transactions contemplated hereby (including, without limitation, with respect to
the consideration to be paid pursuant to this Agreement or any license agreement pursuant to the Commercialization Agreement), or (c) making any SEC filing, and, except as may be required by Applicable Law, will not issue any such press release or public statement without the prior consent of the other party hereto. In the event a party determines that a public statement is required byApplicable Law, prior to making such statement or filing it shall provide to the other party a copy of such proposed statement or filing at least two Business Days prior to making such statement or filing and shall make such changes as maybe reasonably requested by the other party. With respect to any SEC filing pursuant to Patriot's obligations under the Exchange Act or otherwise, Patriot shall give TPL at least five Business Days advance notice of such filing (except to the extent compliance with applicable law shall require a shorter period of advance notice), and shall provide TPL a copy of the proposed filing for TPL's review and comment, including all exhibits thereto, for purposes of determiningwhether to make a confidential treatment request with respect to any exhibit related to the transactions contemplated by this Agreement. Patriot agrees to make all requests for confidential treatment reasonably requested by TPL and consult with TPL regarding the requirement to make such a filing.Notwithstanding the foregoing, the parties may, on a confidential basis, advise and release information regarding the existence and content of this Agreement or the transactions contemplated hereby to their Representatives in connection with or related to the transactions contemplated by this Agreement.

Cheers, Oscar


Aug 08, 2007 05:22AM
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