“I've repeated this three times now.”
And it has been wrong three times.
And the “Super 8K” as you put it would be the last step of the puzzle...and they don’t really call them “super 8K’s” anymore. They fall under Reg S-X now. They use to use “Super 8K” as a form of filing that looked liked a Form 10. Now it is just an 8K.
And regardless of what they do, there HAS to exist a written agreement before it is done that lays out the terms and conditions, consideration, etc. This happens well before any “closing” Subsequent to which the Reg S-X 8K would be filed.
Such a material definitive agreement is required to be disclosed within four days of its signing.
I am afraid Rotman is leading many down the garden path on this one.
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