Aug. 2 at 5:51 PM
$ITRM dig a little bit deeper-There are at least 5 arguments the RLN attorney can make.
THE RELEASE VALUE ARGUMENT
Even if the other 4 legal claims fail on the merits, their most powerful practical argument is commercial rather than legal.
The argument: “Our clients hold a contractual instrument that runs to 2045 and references 15% of all US sulopenem revenues up to
$414M. Any buyer acquiring this asset faces uncertainty about successor liability, CoC provisions, and covenant breach claims under New York law. That uncertainty has real commercial value to a buyer who needs clean representations and warranties, clean purchase accounting, and clean board approval. Our clients’ release of all claims — including every argument listed above — has a market value far exceeding
$120,000 in principal. We are entitled to negotiate that release value.”