Again, not a factual statement.
Public offerings are made to the public at large. Unless a company files a registration statement that is then approved by the SEC it cannot legally make a public offering.
ECIG has not had a public offering, end of story.
That clause was put into the agreement because ECIG planned to issue an IPO when they up-listed to the Nasdaq and Mansour wanted to protect their investment (protect their price).
The fact is the company gave Mansour 19.7M shares and there was no legal requirement from a prior arrangement for them to do so. Some have suggested it relates to a pending distribution deal, but I believe it relates to future financing. It very well could relate to a distribution deal though, I am just doubtful of its merits.
No investor got burned as bad as Mansour. I believe ECIG did what they did to heal the relationship. There will be a future benefit to the company having Mansour back on board, either a distribution deal or financing or both...