Its a tricky one.
They are using a point it time to claim the parcels were unmarketable, at the point in time in which they took them they may have been marketable.
I am no lawyer or regulator but I'm guessing its a bit like the exdiv date and the payment date.
Still its stinky. That prospectus to pay suppliers in shares which they seem to have pinched off people like us is just stinky.
This could all be wrong, its just my reading of the situation.
Just for transparency I sold everything after that prospectus and have written to ASIC (nothing will happen but still rather lodge my complaint).
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