Its for this reason that I (and others I believe) view a buyout of either Resverlogix entirely or just Apabetalone by BP as extremely problematic....To me it would be like buying a car, but not being able to drive it on Tuesdays or Wednesdays, or only being able to drive it on the local roads but not the hi-way.  

Nothing is insurmountable of course...money can overcome pretty much any issue.  But imagine negotiating to buy a car and then having to negotiate with someone else to be able to drive it on Tues/Wed and then with another person to be able to drive it on the hi-way.

Toss in an ROFR, with another party being able to match whatever you're willing to pay to take the car you bought onto the thoroughfare and it becomes even more convoluted.

If anyone is going to buy out either just Apabetalone or Resverlogix in its entirity...the buyer that makes the most sense to me is HL.  But I would imgagine that DM is looking for USD $5 billion or more....and that might be more than HL is willing to pay or can afford.  As I recall HL had to tap a credit facility for an acquisition not too long ago...or was it to finance the PP done in December to satisfy the loan that was retired?  My memory isn't what it used to be.

All just my opinions of course.