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To: Labrador who wrote (3000)3/28/1999 9:36:00 PM
From: Labrador  Read Replies (1) | Respond to of 4122
 
By the way, the prior post on the minimum $250,000 in the second year was from the 10-K.

But if you actually read the royalty agreement, the $250,000 minimum continues past the second year and this minimum amount ($250,000) continues for the life of the patent. The disclosure in the 10-K is very misleading since it makes it appear that the $250,000 is for a single year, when it continues past the second year in each succeeding year.

From the patent agreement:

(2) Beginning the second year of this Agreement the minimum annual Royalty shall be $250,000. In the event that the minimum is not paid in the first three quarterly payments in each year, sufficient funds shall be paid in the final quarter's payment. Sums shall not carry over from year to year.



To: Labrador who wrote (3000)3/28/1999 9:36:00 PM
From: gao seng  Read Replies (1) | Respond to of 4122
 
Lab, there are no revenues.

Doubling royalties on zero revenues amounts to zero dollars.

The question posed made no reference to a minimum royalty payment, which is probably also material. I will try to find some time to research the auditor's opinion on the topic.