August 28th
posted on
Aug 20, 2017 01:44PM
I agree this is all a very frustrating place to be right now but other than the promised update on or before the 28th I don't know there is any guarantee that everything will be resolved. Like everyone else I hope it is. The reason I say it may not be resolved is that if the 28th passes without the Citi loan being satisfied then Citi has the right to call on the LoC's from Eastern BUT as per the IP security agreement Resverlogix then has 30 days to make Eastern whole. I doubt it will come to that but there is nothing stopping Eastern from doing a short term extension of the LoC say until the FA or another type of deal is finalized. Given Ken Dart's involvement that would be easy but still leave us in this very grey area.
To noretreat's comment regarding "all deciding parties" having a stake in Zenith and the Royalty Preferred's surviving. 1) Hepalink has no stake in Zenith and additionally their licensing agreement and their equity is all with the current form of Resverlogix. If Resverlogix ceases to exist as it stands now because it loses it's IP and tax pools (collateral) Hepalink's licensing agreement and equity will likely be worthless. It is for these reasons that, as long as the science holds, I think if pressed by Eastern backing away and Don being unable to make another deal that Hepalink would step into the void but I think it would be very costly in the form of dilution to the rest of us. As long as the science holds I don't think Eastern would let this happen. 2) If RVX loses its IP the Royalty Preferreds are preferred equity in a company (likely defunct) that no longer has the rights to the IP those RP's pay out on and they are therefore worthless.