Rob Croson
Elio Addict
Playing devil's advocate here: If he has really bad news, making it public could adversely affect any possibility of making a recovery. So you meet with them to ask them to "please stfu" while you try and salvage the situation. The NDA keeps them quiet so they don't reveal the bad news and blow any chance of a comeback. Not meeting with them, however, means they may keep on cranking up the pressure and bad press, further lowering the chances of success. The pitch goes something like this: "If you keep up with this grandstanding bullshit, you're going to ruin our chances of making it to production, and then we all lose: We don't get our funding, and you don't get your jobs. If you keep quiet, then there's a chance we can pull this off, and we all win."
Now, that's all speculating on worst case scenarios. It could very well be that there is some good news on the horizon, such as possible funding sources. But due to SEC regulations it's officially speculation, and a company senior officer can't make those kinds of statements public, so the NDA is there to satisfy SEC rules on the release of information. It's speculation so it can't be made public, and rules forbid the selective release of information, so he *can't* give the good news to a select group without ensuring that it doesn't go public.
Of course, that's all just idle speculation.
Now, that's all speculating on worst case scenarios. It could very well be that there is some good news on the horizon, such as possible funding sources. But due to SEC regulations it's officially speculation, and a company senior officer can't make those kinds of statements public, so the NDA is there to satisfy SEC rules on the release of information. It's speculation so it can't be made public, and rules forbid the selective release of information, so he *can't* give the good news to a select group without ensuring that it doesn't go public.
Of course, that's all just idle speculation.
