Berlin Pharma - legal mediation strategy, page-132

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03/03/17

19:59

Post #: 23089856
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Originally posted by Doole ↑

The quote from Suda's announcement

"The Directors are of the opinion, based on legal advice, that the likelihood of enforcement by the Receiver in Australia and subsequent payment by the Company can only be confirmed by the occurrence, or non-occurrence, of one or more uncertain future events not wholly within the control of the entity, and hence, has disclosed the matter with HC Berlin Pharma AG (in liquidation) as a contingent liability."

I've been trying to figure out that means. No lawyers here answered. Dive in if you can interpret the para. I think it means that there IS DEFINITELY an outcome against SUD, and that it will only be avoided if HCB have "enforcement" issues. This could perhaps refer to a technicality in Australian law that favours an Australian company or it may mean also there is a likelihood that Sud won't have any way to pay when this is enforced (meaning they could go belly up - I know people believe it's not in HCB's interest to force that, but I don't think that can be counted on). I do notice that SUD have moved their reporting of this matter from a 'no impact on investors and a mere distraction' to a 'definite impact on investors if it gets up across potential enforcement hurdles' (emphasis mine). I believe sh are now most definitely on notice that this is now a liability, contingent on an "occurrence or non-occurrence" of one or more "uncertain" future events, and Sud admit they don't have full control of those events. Those events could be not enough sales to keep Sud's head above water, some technicality in Aus law that can be used to prevent enforcement, a huge deal that means Sud can pay without bleeding to death or something else entirely.

Definitely a high-risk stock. At least 3-years till the closing chapter on this is the best estimate at this point - but again, that could change. DYOR. GLTA.

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I think you should ask an auditor. My guess is the board is arguing with the auditors about whether it's a liability or only a contingent liability.

SUD Price at posting: 1.7¢ Sentiment: None Disclosure: Not Held
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Berlin Pharma - legal mediation strategy, page-132

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