"Provided that on or before September 30, 2018, the Company announces the Break-through Designation, and provided that the closing price of the Common Stock on such Date of Announcement was equal to or greater than $0.50....."
All 3 of the milestone descriptions begin with the same phrase (ending with "announces"). Instead of the events (granting of the BTD, determination that P met its primary endpoints as described and the closing of a significant licensing arrangement, etc.) triggering the obligation of IPIX to sell $X in shares to Aspire, the triggering mechanism is the ANNOUNCEMENT of those events. One would think that IPIX, if it is need of the funds, would make those announcements the minute the events occurred...or before the market opened on the following day..and if the shares aren't trading above $.50 HOPE that the news would move the price to that amount or above by closing time.
But IPIX is in charge of when those announcements are made with the possible exception of the "BD Agreement", which could be influenced by the filing/pr needs or desires of the licensee if a public company.
I'm really focused for this purpose on the BTD grant. Some might scoff at the idea, but the Company actually could have received it already. I'm not suggesting that they have but merely pointing out that it is technically possible given that the FDA doesn't publicize the grants in real time (I think they've been doing so semi-annually) and the rare website that publicizes a list (FOCR.org is the only one that I'm familiar with) does so based on information gathered from the company releases...yes, they do daily Googling for their info. That leaves recipients in a position to announce the grants when they see fit. IPIX COULD withhold an announcement until they felt comfortable that the share price was within striking distance of $.50 with the BTD boost. Same thing with the P results. News of a similar nature has been released in the past without a rousing response from the market and no obligation to buy shares exists unless the share price "on such Date of Announcement was equal to or greater than $0.50". By the language of the agreement it's a one shot deal. The making of the announcement may require more than a little forethought.
Since I'm in fantasyland anyway....
I wouldn't do this but some might consider it: If one was convinced that even just one of the milestones would be met and trigger funding before 9/30...many have expressed the feeling that the Company wouldn't have even entered the agreement if they didn't think they would achieve all three...then it would only make sense to pick up some shares here (at $.40) knowing that they could flip them at $.50 in a month or less, generating an annualized return of 300% or more.
One more time, with emphasis, I wouldn't do it and I'm not suggesting it. But some seem to be brimming with confidence and the math is undeniable.
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