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Message: Re: Restricted insider trading until April 9 Dennis/ NDA - JHawk

That's exactly what I've been saying about NDAs and the CC. The April 9 10Q will not reveal any specifics on who paid what or how - there will just be sum numbers with no names attached.

And in my experience, NDAs do not have a expiration date. However, keep in mind that the NDA only restricts the signer, not the issuer. In other words, if for some reason one of the Js found it desireable to disclose their number/terms, they of course are free to do so. But that act still does not relieve the signers of the NDA of their obligation to protect the info.

It's just like in the world of classified info. Via your clearance level and "need-to-know", certain classified info may be disclosed to you. You may later see that same info disclosed in the public arena (Aviation Week/Leak), but you are still bound to protect that info. Just because some other entity leaked it somehow does not give you free rein to disclose/discuss that info. You are still on the hook.

Now, with that understood, the question becomes whether one or more of the Js or any other licensees determine that it would be to their advantage to disclose details of their MMP license. What would prompt such disclosure by the entity originally desiring to protect that info? Competition. The bigger chess game. I can assure you that every licensee to date wants their competitors to pay more than they did. If disclosure would support this greater objective, they will disclose.

In the case of the Js, most believe their interest in withholding the details of their license was more a face-saving gesture. I personally believe it's more of a career saving gesture. "You fought a losing battle and ended up paying how much?!!". At that point in time, they look like fools. But if they, at some later point, disclose, and because of such disclosure, their competition (the T3?) end up having to pay more, they suddenly look brilliant.

But now comes another possible element. In my experience, NDAs are typically mutual. Both parties to the transaction are restricted. But remember, these things are basically contracts. Contracts may be amended at any time through bilateral agreement, i.e., if all parties agree that the amendment is to their advantage. Thus, in the case of the Js, if it becomes clear, at some point, that disclosure (limited or open) is to their (competitive) advantage, and our team sees it as advantageous to their cause as well, they could amend the NDA stipulation to permit disclosure to specified parties or to the world at large. This would not surprise me at all. And I can see this happening real easy in the case of the T3.

A mini-novel about things I suspect most people already KNOW.

SGE

BTW, I suspect many here do as I do and are entertained by TV shows (History Channel) about aliens/UFOs and such. And you'll hear some dude say he saw alien spacecraft parked in hangars at Area 51 or Wright-Patterson. I can pretty much assure you that if there were any truth to what that dude was saying/writing about, he'd be in Levinworth Pen (or worse), and you never would have heard about any of it. It's a very tight world.

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Mar 13, 2008 10:12AM

Mar 13, 2008 10:37AM
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Mar 13, 2008 04:07PM
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