IMO it all depends on FDA decision. If the decision goes against "us" then why would you purchase a company with no other product and expensive management/costs?. They would be doing their due diligence and no doubt the LACK of past R&D (refer 2013 annual report and slow going since) and current value of new projects at $nil (per latest valuation report) they why would you want to buy the company.
If however the decision is a favourable one then they would still have time to get in at low SP levels and look at a takeover - cancel the agreement and then dump the company thus saving those expensive outgoings. All IMO so form your own opinions.
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