Based on the fact that investors are not privy to the legal agreement it would be impossible to pass judgement on which side is correct.
IMO it would depend on whether specific products (only) are named or a generic term like 'surgical lavage products'.
If it doesn't name specific products in the legal agreement then this will go one of two ways
1) A long drawn out legal dispute that NXS is most definitely the underdog re resources
2) Zimmer take over XPerience distribution & a reduction in margins but a saving on commissions.
Either way this is another big red flag.
Ann: Zimmer complaint, page-29
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