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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 156.34+1.4%Jan 21 3:59 PM EST

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To: lml who wrote (61719)3/30/2007 1:40:54 PM
From: JGoren  Read Replies (2) of 197306
 
Yes, I factored in the possibility that Qcom would assert that it is a violation of the option agreement and loss of the option. At the time the option was signed, the parties knew there would be this interim period between the expiration of the license and expiration of the option. Therefore, unless there is some explicit provision and I can't imagine that NOK would have signed such a provision, I do not see how NOK would breach its option rights to an express option via some kind of breach of an implied term. The more interesting question is whether legal action by NOK or request for a remedy could result in a waiver or estoppel because it is so inconsistent with the option right that an abandonment of the option is deemed to have occurred.
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