2021 BRN Discussion, page-32066

Hi Slade
The beauty of the English Common Law is that you can contract to do anything except a criminal offence. Accordingly as I used say to client's who were wanting to buy or sell a business this is the standard form sale of business agreement put that to one side and tell me what you want personally out of this deal. Everything is possible as long as the person on the otherside agrees.

So I would say this to you and anyone else the same thing. Hypothetically if Brainchip were to be engaged under NDA with the largest say telephone maker in the world and that company wanted to structure an agreement that ensured Brainchip would never disclose they were a customer and using AKIDA IP as long as the agreement that this telephone maker was proposing did not involve Brainchip committing a criminal offence and was going to make Brainchip zillions of dollars in royalties then you can set aside anything we know about a standard agreement and estimated timelines.

If both parties want it to happen it will happen.

At the moment the introduction of Renesas and MegaChips just about ensures that Brainchip will never have to disclose the details of any customer ever again via the ASX as they can insert Renesas or MegaChips into the transaction.

If you want an example of companies ensuring they do not have to release commercial details to the market via the ASX go and have a read of announcements put out by IMU in relation to its agreement with the last three at least companies. They have adopted the line that they are all gentlemen and they have no interest in discussing money they are all only interested in the science and if the science leads them to where they want to go then they are all sure they will agree on the dollars and cents at that time. Quite hilarious really but each time IMU has said this the other company has stood their with them saying yes to this being the case. Where there is a will there is a way as they say.

The present disclosure law on the ASX is bad law in my opinion and as such for good commercial reasons companies will find legal ways to circumvent its effect.

My opinion only DYOR
FF

AKIDA BALLISTA