You make the point that in this deal, as in the previous preferred share deal, the investors are allowed to sell shares short whereas Aspire was prohibited from doing so. That's true, but it overlooks the fact that Aspire has regularly received commitment shares (6,250,000 in the deal made 5 months ago) that it could sell, resulting in the same benefit that would be gained from a short sale....a hedge against shares put to them. In other words they couldn't/can't sell short but they can sell commitment shares to the same effect.
Your concerns about the Non-Public Information clause are unwarranted. It says that IPIX, beginning at the signing of the deal, can provide MNP information to the Purchasers as long as they acknowledge receipt of the information and agree to keep it confidential. But they can't break the law, which says that the Investors can't TRADE while in possession of the information. What that means is that, whether the information is great or horrible, the Investors can't buy or sell shares until that information is made public. Under those circumstances it is likely that the Investors would prefer NOT TO HAVE any Non-Public information because it acts to tie their hands. Read the terms carefully....they even include the obligations that the Investors have regarding mnpi that is provided without their consent. I don't think you should find this section "troubling" at all. As I understand it it has no meaningful impact that isn't already imposed by law.
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