Yes, I'm assuming the $100,000 cash and $175,000 worth of MZN shares haven't actually been transferred by MZN to KDR (i.e. that we would have heard about it if they had).
But there were only three bullet points in the 14th November announcement 'material terms' by MZN and formalizing a heads of agreement was one of them, probably MZN would argue they've (allegedly) been standing ready to transfer the cash and shares since April and would have and will do so just as soon as KDR formalizes the heads of agreement as agreed. That might be enough to satisfy the contractual requirement for consideration. I don't know. I haven't researched.
I certainly wouldn't want KDR's counsel to not explore the possible promissory estoppel line (poster ~ 'uniquename' mentioned), that because no consideration has been exchanged yet, there is no consideration and so no contract.
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