Either, both or none. Standard inclusive language.
Unless of course this was meant to be so specific as to be sure to capture correctly a small point related to a second transaction that can be hinted at in documents but never fully mentioned. Like they absolutely can’t talk about it but they also have to at other times, kinda.
Sure. In the same lawsuit where the shareholders' lawyer discussed how BioAmber had been liquidated, shut down, and "literally has no cash," yet another "clue" to what really happened, despite all those court records from the bankruptcy.