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Unlike traditional investment strategies, we are unconstrained and can opportunistically invest globally, across asset classes, industry verticals and capital structures. Whether investing in misunderstood distressed assets, creating value through shareholder activism, or uncovering fraud, we seek to capitalize on opportunities that others miss or fall outside the rigid mandates of most investment firms.
Our uniqueness resides in our unconventional thinking, deep research, intellectual curiosity and willingness to go against the prevailing wisdom. Prescience Point Founder Eiad Asbahi says evidence continues to prove that short-seller attacks on MiMedx are misguided.
Eiad Asbahi, founder of Prescience Point, told Business Insider that a number of things signaled possible issues at Celadon, including its accounting practices, nepotism among…. We are short the stock and expect a delisting. We believe Wall Street is overly optimistic about Middleby's ability to recover from the devastating impact that the COVID pandemic will have on the restaurant industry. We remain short Medallia, Inc.
We are short Medallia Inc. MDLA with million shares coming off lock-up, Medallia faces the inevitable reality of its stock price converging with fundamental value. Broadmark Realty Capital, Inc. BRMK offers immediate upside as a temporary market inefficiency dissipates. We are long BRMK. All rights reserved. In the event the Nominating Committee declines to approve a candidate for Replacement Designee, the Prescience Point Parties may propose one or more additional candidates, subject to the approval process described above, until a Replacement Designee is approved by the Nominating Committee.
Following the approval of a candidate for Replacement Designee by the Nominating Committee, the Board shall promptly appoint such Replacement Designee to the Board. Upon his or her appointment to the Board, such Replacement Designee shall be deemed to be an Investor Group Designee for all purposes under this Agreement. Voting Commitment. Proxy Contests. Additionally, the Company shall take the lead in connection with any regulatory filings that may be required in connection with the foregoing, and the Investor Group shall reasonably cooperate with the Company regarding the foregoing.
The parties shall cooperate and take all actions reasonably required in furtherance of such actions. Mutual Non-Disparagement. No Litigation. Each party represents and warrants that neither it nor any assignee has initiated any Legal Proceeding against the other party. Prior to the issuance of the Press Release, neither the Company nor the Investor Group shall issue any press release or public announcement regarding this Agreement or take any action that would require public disclosure thereof without the prior written consent of the other party.
The Company shall provide the Investor Group and its Representatives with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider in good faith any comments of the Investor Group and its Representatives. The Investor Group shall provide the Company and its Representatives with a reasonable opportunity to review and comment on the Schedule 13D Amendment prior to it the filing with the SEC and consider in good faith any comments of the Company and its Representatives.
Affiliates and Associates. Each party shall instruct its controlled Affiliates and Associates to comply with the terms of this Agreement and shall be responsible for any breach of this Agreement by any such controlled Affiliate or Associate. A breach of this Agreement by a controlled Affiliate or Associate of a party, if such controlled Affiliate or Associate is not a party to this Agreement, shall be deemed to occur if such controlled Affiliate or Associate engages in conduct that would constitute a breach of this Agreement if such controlled Affiliate or Associate were a party to the same extent as a party to this Agreement.
Representations and Warranties. Each of the Prescience Point Parties represents and warrants that such member has full power and authority to execute, deliver and carry out the terms and provisions of this Agreement and to consummate the transactions contemplated hereby and that this Agreement has been duly and validly authorized, executed and delivered by such member, constitutes a valid and binding obligation and agreement of such member and is enforceable against such member in accordance with its terms.
The Prescience Point Parties represent and warrant that, as of the date of this Agreement, together with the Investor Group Designees, they collectively beneficially own an aggregate of 10,, shares of Common Stock. Keating as a nominee for election to the Board. Nevertheless, the Prescience Point Parties further represent that, to the extent any actions by the Prescience Point Parties in nominating Mr.
Barry or Mr. Keating may be deemed to have resulted in the beneficial ownership of Certain Determinations. Notwithstanding anything to the contrary in this Agreement:. MiMedx Group, Inc. Marietta GA Attn: General Counsel. Email: LHaden mimedx. Sidley Austin LLP.
New York, NY Attn: Kai H. Email: kliekefett sidley. One South Dearborn Street. Chicago, IL Attn: Beth E. Email: bberg sidley. Baton Rouge, Louisiana Attn: Eiad Asbahi. Email: eiad presciencefunds. Attn: Andrew Freedman. Mohammad Malik. Email: afreedman olshanlaw. Governing Law; Jurisdiction; Jury Waiver. This Agreement, and any disputes arising out of or related to this Agreement whether for breach of contract, tortious conduct or otherwise , shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to its conflict of laws principles.
The parties agree that exclusive jurisdiction and venue for any Legal Proceeding arising out of or related to this Agreement shall exclusively lie in the Second Judicial Circuit in and for Leon County, Florida. Each party waives any objection it may now or hereafter have to the laying of venue of any such Legal Proceeding and irrevocably submits to personal jurisdiction in any such court in any such Legal Proceeding and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any court that any such Legal Proceeding brought in any such court has been brought in any inconvenient forum.
Nothing contained herein shall be deemed to affect the right of any party to serve process in any manner permitted by law. Specific Performance. Each party to this Agreement acknowledges and agrees that the other party would be irreparably injured by an actual breach of this Agreement by the first-mentioned party or its Representatives and that monetary remedies may be inadequate to protect either party against any actual or threatened breach or continuation of any breach of this Agreement.
Without prejudice to any other rights and remedies otherwise available to the parties under this Agreement, each party shall be entitled to equitable relief by way of injunction or otherwise and specific performance of the provisions hereof upon satisfying the requirements to obtain such relief without the necessity of posting a bond or other security, if the other party or any of its Representatives breach or threaten to breach any provision of this Agreement. Such remedy shall not be deemed to be the exclusive remedy for a breach of this Agreement, but shall be in addition to all other remedies available at law or equity to the non-breaching party.
Certain Definitions and Interpretations. Any purported assignment without such consent is void ab initio. Subject to the foregoing sentence, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the permitted successors and assigns of each party. It is hereby stipulated and declared to be the intention of the parties that the parties would have executed the remaining terms, provisions, covenants and restrictions without including any of such which may be hereafter declared invalid, void or unenforceable.
In addition, the parties agree to use their reasonable best efforts to agree upon and substitute a valid and enforceable term, provision, covenant or restriction for any of such that is held invalid, void or unenforceable by a court of competent jurisdiction. Each party and its counsel cooperated and participated in the drafting and preparation of this Agreement, and any and all drafts relating thereto exchanged among the parties will be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation.
Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties, and any controversy over interpretations of this Agreement will be decided without regard to events of drafting or preparation.
Investment Manager. Prescience Capital, LLC. Exhibit A. Form of Nominee Consent. Marietta, GA Re: Nominee Consent. Ladies and Gentlemen:. I irrevocably consent to be named by MiMedx Group, Inc. Exhibit B. Form of Press Release. Six New Directors to Join the Board. Wright, would be added to the Board. Kathleen Behrens Wilsey, Ph. Evans, Chairman of the Board. We are pleased to have worked collaboratively with Prescience Point to identify and add new directors who bring exceptional experience and track records to MiMedx.
We believe MiMedx is on the path to unlock substantial shareholder value and secure a thriving future for the Company. Under the refreshment plan, Prescience Point nominee M. SRPT , a multibillion-dollar medical research and drug development company focused on the discovery and development of unique RNA-targeted therapeutics for the treatment of rare neuromuscular diseases.
Behrens Wilsey previously served on the boards of Amylin Pharmaceuticals, Inc. In addition to Dr. Barry, James L. Bierman, K. Todd Newton, Mr. Wright and another director who will be recruited by the Company and Prescience Point. Complete biographies of the anticipated new directors appear at the end of this press release.
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|Sarib investments definition||Prior to joining Quintiles Transnational, Mr. Prescience Investment Group, LLC may only conduct advisory business in those states in which it is registered as an investment adviser or qualifies for a corresponding exemption or exclusion from registration requirements. Ladies and Gentlemen:. Prior to that, she served on the board of directors Abgenix, Inc. Email: eiad presciencefunds.|
|Forex dmi strategy||Re: Nominee Consent. Nevertheless, the Prescience Point Parties further represent that, to the extent any actions by the Prescience Point Parties in nominating Mr. The Investor Group shall provide the Company and its Representatives with a reasonable opportunity to review and comment on the Schedule 13D Amendment prior to it the filing with the SEC and consider in good faith any comments of the Company and its Representatives. About MiMedx. MiMedx has supplied over 1.|
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