0.0016 assumed shares sold higher than 0.0015, which didn't happen.
I'd expect ukyo to side with the shareholders on this one, given his firmness with the terms of ACTM's IPO.
.0016 didn't assume anything - it's a number.
If they meant that the guarantee would be "The highest price at which shares were sold, subject to a maximum of .0016" then that's what would (or should) have been in the contract.