AIS/BPAX - I've been a long-time investor in AIS & think it has a lot of potential to move higher. Partnership possibilities for Libigel, Anturol, Nestorone, and their methotrexate injector could all add substantial value.
My biggest concern with BPAX is the handling of the data collection for the libigel trial. Could it be another SQNM?
Have not asked the question that way, but I would think that in that case, your scenario of it being considered a concurrent stock sale would hold true and AIS would get their percentage of premium.
If I were a lawyer working for AIS, I would argue that a buyout of BPAX necessarily contains an implicit license transaction and hence AIS should be paid accordingly. This sounds like a case that could end up in arbitration.