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Message: SGE1
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May 15, 2008 09:13AM

That's fine, and hopefully you read on that the post was in jest, but I'm not ashamed of myself, nor do I think I should be. I was simply taking your post its logical conclusion.



What you are stating in the post I replied to would be a total BREACH of their responsibility to us as shareholders and to their fiduciary responsibilities as officers of a public company. So by extension, if they were to agree to settle a lawsuit, and mind you it's not just ANY lawsuit, but the most important one in the company's life, without knowing the terms of the settlement, how would you justify this action.



PTSC is a SEPARATE and distinct company that was part of the lawsuit. This was not a lawsuit of the J's against PDS, it was the J's against TPL and PTSC! For PTSC to subjugate it's rights to settle LEGAL matters to TPL is TOTALLY UNACCEPTABLE. Even if you want to try to reduce it to the actual licenses signed by the J's which you can argue TPL has the right to handle, then if you'll review the Commercializatoin Agreement, there are certain parameters of licenses that have been negotiated by PTSC to be deemed acceptable upon the formation of the original agreement, and they are enumerated in a schedule referenced in the agreement. So they know the terms of those types of acceptable agreements. If any license agreement falls outside of those acceptable terms, they must be reviewed and approved by a majority of the PDS Management Committee, on which PTSC has representation, so therefore again they would know.



If they don't know, they've either allowed a breach in the contractual relationship with TPL through the commercialization agreement OR, they have been derilict in their responsibilities, and really would be open to serious liability in signing a contract (which the settlement amounts to) without knowing the terms. Any way you look at it, for them to settle the lawsuit WITHOUT knowing the terms they have settled for is grounds for immediate termination.



In pointing this out, I am telling you that there is ONLY ONE WAY that PTSC doesn't know the term of the agreement, and if that is the case, you better BE calling for thier immediate removal, IMO.


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