Re: Still waiting for a sufficient answer....disclosure
in response to
by
posted on
May 22, 2018 05:33PM
Both bear and I have been emailing Sarah....I was going to write "hounding" but that would be overstating things, although bdz has copied a number of others including DM, my emails have only been to Sarah via IR@resverlogix
I just did a "CTRL F" search for the word "disclosure", it shows up 7 times in the Loan Agreement filed on Sedar. Section 4.2 subsection b on page 20 says this:
Except as set forth on Schedule 4.2, The Borrower is a reporting issuer (or the equivalent thereof) not in default under Applicable Laws relating to securities of each of the Provinces of Canada and is in compliance with its timely and continuous disclosure obligations under such Applicable Laws and, without limiting the generality of the foregoing, since May 1, 2017, no material change, financial or otherwise, in the assets, liabilities (contingent or otherwise), business, financial condition, capital or prospects of the Borrower has occurred and no material fact relating to the Borrower has arisen or been discovered that has not been publicly disclosed
That 4.2 schedule says:
4.20 Accuracy and Completeness of Information.
All representations and warranties set forth in this Article IV, and all statements and other information furnished by or on behalf of any Obligor or any of its Subsidiaries in connection with this Agreement or any of the Loan Documents, including responses and submissions to the Agent’s due diligence inquiries, are true and correct in all material respects and do not omit to state any material fact necessary to ensure no statements or information are misleading. Each financial statement furnished by or on behalf of any Obligor presents, fairly, the financial condition of such Obligor and its consolidated Subsidiaries as of the date of such statement and for the relevant period(s) then ended.
And of course we all know what Schedule 4.22 says, but to save flipping and with my own bolding:
4.22 BETonMACE Phase III Trial Schedule 4.22 hereto sets forth as of the Closing Date, a true and accurate summary of the clinical trial protocol and achievements to-date including (i) target sample size, (ii) current enrolment size, (iii) primary and secondary endpoints, (iv) list of participating sites; (v) average patient profile; (vi) description of drug, dosing, and route of administration; (vii) target duration of study and current status, (viii) target participation duration of patients; (ix) target events and events to-date; (x) target relative risk reduction and relative risk reduction to-date; (xi) events until interim analysis; (xii) assumed dropout rate and rate-to-date
It seems to me Third Eye has seen the this information, as to whether or not the company has...they say they're in compliance will all the rules and I'm willing to accept that.