The language in the original Commercialization Agreement read as listed below. I don't knwo what the revised version reads, or what was amended in this regard, but it doesn't seem at first blush that this affects much, as I see it.

6.2 P-Newco may terminate this Commercialization Agreement if:

(a) TPL has failed to close transactions in accordance with
the Performance Milestones set forth in Section IV of Schedule 2, and

(i) there has been no material breach by Patriot or P-Newco
of this Commercialization Agreement, the Master Agreement, the Newco Licenses or
the Operating Agreement; and

(ii) there has been no event or occurrence which negatively
and materially impacts the viability or value of the MSD Patents; and

(iii) the failure of TPL is not reasonably attributable to
the conduct of P-Newco, Patriot and/or their respective affiliates or
Representatives (other than TPL); or

(b) TPL enters into a liquidation under Chapter 7 of the
United States Bankruptcy Code; or

(c) TPL enters into a reorganization under Chapter 11 of the
United States Bankruptcy Code, and TPL ceases to be a debtor in possession
during the pendency of such bankruptcy proceeding.

Each of the events referred to in Sections 6.1 and 6.2 shall be
referred to as a "Termination Event". In no event shall the conduct of Moore be
deemed to constitute a Termination Event.