Interesting take.They didn’t terminate the Term Sheet, it progressed to a formal agreement, and then withdrew without drawdown
So no break fee, imo
And Locke didn’t meet the deadline for exclusivity whilst DD undertaken, despite 3 extensions, so no $200k payable
AVZ free to deal with anyone else, which they did
Our resident corporate bush lawyer may like to peer review my assertions - they could well be spurious
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I always read it as though we were up for max USD 200k to cover Locke costs regardless of what happened, plus the USD 1M break free for terminating.
I had assumed we paid all this out of the CATH money. Guess not!