Perhaps drawing a long bow?
not sure that this, a clearly accidental publishing, (or why was it pulled down) constitutes an intent to communicate with external parties as part of TH provisions.
it would be unheard of that a company deliberately publishes promotional material in advance of telling its shareholders and the market that they actually HAVE an approval.
They may be able to hide behind the TH to justify that noone benefited but the fact remains it was done in error and almost certainly a Web publishers oversight as someone said earlier.
nevertheless it was a good mistake in terms of us shareholders who are now 99.9999% certain its been approved and we can wait in comfort
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