I do understand the facts but maybe I'm missing your point.
A change (if there was or wasn't) in the MOU with Archistruct has/had no bearing on the issue of the Performance B shares by FBR as the tenth home structure could have been built for someone other than Archistruct (i.e. Summit). So long as it was constructed under a commercial arm's length contract (and paid for) within 48 months from the date of issue.
Ann: Building Approval & Milestone Completion, page-162
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