Absolutely correct, Breeze, my post was made under the assumption that the deal with the DL buyer is in force, and glad you cleared that up.  If no deal yet signed, then all bets are off unless there is a provision in a side letter agreement that the negotiatons for DL will be exclusive for such and such a time - those are generally enforceable.  Such a letter may also place a price for the privilege of breaking the exclusivity.