This plan is also bad!
That plan would mean that phase 2 people wait and see what Opair is trading for at exchange. Then decide if they want to release the funds to wasserman and get coins, wait or get a refund?
Its like stage 2 people are reserving coins (with 0 cost and risk) that would have been split among stage 1 people. If the coins profit, they take them. If the coins lose money they can decide, after the fact, to dump those coins on stage 1 people.
This plan screws over stage 1 people, and we certainly didn't agree to this sort of thing. I'm afraid the only fair thing is for investors to decide if they want in or out before the coins are distributed.