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Message: How important is ROFR for HL

Koo - I think it might hinder finding a buyer while in a price range that HL can handle. If results are good enough to raise the price higher, I don't believe they are an item. They are probably going to let the ROFR expire anyway since we might/probably won't have top line data by then for them to make the decision.

As I understand, there is no issue with DM knowing what is being offered by other suitors. I will throw out an illustration with numbers that are meaningless and could be for RVX, Apabetalone or any portion. They do illustrate the possibility though.

Pfizer could come to RVX offering $5 billion. RVX could feel that is not enough and turn it down. If they felt it was enough, they would have to offer it to HL for that price first and if HL turned it down, RVX could sell to Pfizer at that price or at any higher price that another suitor might offer. If RVX had turned Pfizer's offer down, it would be dead for the time being but I believe Pfizer or anyone else could come forward with another, maybe $6 billion offer any time. What I am not sure is if the first turn down by HL cancels the ROFR or not. I think it might but I'm not sure. If it doesn't, RVX would have to return to HL with the new offer but even if it was cancelled, they would still be able to join the new bidding but without the ROFR advantage. As I said above, there isn't much time to expiry so that is what I expect. I think it is fine for offers to come to RVX but as long as the ROFR is active, they can't make a deal with others until they give HL first chance at it.

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