Maybe you haven't seen the Dugar's "Letter of Intent for Investment in Bioamber, Inc." where he mentions he looks forward to "consummating the transactions contemplated hereunder." Per PWC, this letter from Dugar forms "part hereof" the Offer. Google: step acquisition investorshub.advfn.com/uimage/uploads/2019/1/24/qmddzSchedule_Recital_F_Transactions.jpg