Bargain ?, page-82

You post helpful information so I'll give my thoughts. InCor and AVQ had an agreement as you know. AVQ believed the convertible note agreement was legally enforceable therefore they would continue accessing the remaining $10 million and InCor knew this. The companies had to come to an agreement where AVQ agreed to let InCor terminate the agreement only if they were willing to put shares in escrow for 90 days. Basically it was a business negotiation where both companies had to give up something.

If AVQ refused to let InCor walk away from the agreement with their $10 million I believe litigation between parties could have been on the cards regarding how the Isabel situation turned out. You want more proof this is likely the case look at the SP and options that got offered to professional investors.

Why would they change InCor's convertible price to only 31c and at the same time offer 18c to professional investors with 4 to 1 options attached? The only reason they got away with this is because they had InCor in a difficult position because they had a legally binding contract with them that gave them power in negotiations.