If the vend-in is required first, they will walk away. There is zero chance these guys will give away more than 1% of their hard earned asset. Let alone 40%!!!
Would you???
Find me similar companies on the OTC that vended in highly valuable assets to an unclean shell. Perhaps as much as 5-10% is ever given away, and the only reason for this is to have a trading float.
If FINRA doesn’t allow the R/S, they will start over and find an already clean shell.
The mistake they made here was not cleaning the shell right away. I assume they weren’t able to with the lawsuits over their heads, which needed to be settled before FINRA would even consider the R/S.