A New Era, page-135

The importance of the date, being that NAG stated this before the SPARK announcement is critical. IF NAG HAVE NOT gained a PASS tender, then the company can freely state in November that they have tendered and still believe that they are in with a chance. This perfectly allowed. However, if NAG stated that they are still awaiting the results of the tender process in December AFTER the SPARK list (and if NAG have not been successful in the tender process), then they would be considered misleading the market. Whilst there is only one or two days in it. The compliance issues with ASX vary significantly.