MSB 3.33% $1.40 mesoblast limited

TEVA as equity financer????, page-35

  1. 11,293 Posts.
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    I'll lob in two different ideas, apologies in advance if these have been covered already in detail.

    Is it a possibility that SI is withholding this particular info from the public to stop Teva from dealing in their shares?

    I assume this is the latest amended version of the deal under discussion:
    http://www.sec.gov/Archives/edgar/data/1345099/000119312515361222/d943277dex1031.htm

    Maybe this is a naive question, but could another possibility be that the number of patients enrolled did not meet clause 8b? (11 Jan 16 notice). After all this 24/9/13 deal states approx 1700 patients, and the 11/1/16 ann states a reduction from 1165 to 600 approx.

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    8. The “Decision Notice” means the written notice that Cephalon is obligated to deliver to Mesoblast indicating Cephalon’s decision to either (i) withdraw from or (ii) continue with the P3CHF Trial, within thirty (30) days of the earlier to occur of:
    a) receipt by Cephalon of the Statistician’s written determinations for Interim Analysis #1; or
    b) that date [***] months after treatment of the first patient in the P3CHF Trial, in the event that at least [***] patients have not been enrolled in the P3CHF Trial by such date.
    For the avoidance of doubt, Cephalon shall have a right to withdraw from the P3CHF Trial only if (1) the Statistician determines that the surrogate endpoints set forth in paragraph 3 above have not been achieved; (2) fewer than [***] patients have been enrolled in the P3CHF Trial on the date [***] months after treatment of the first patient enrolled; or (3) any regulatory authority, data safety monitoring board or IRB requires such termination as a result of safety issues.
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