I wondered about this as well when I began looking into BTC securities as most offerings have it now.
I personally included it in mine so that I ever get a solid offer to take my company private, the option is there.
This is what a motion is for. Raise a motion to sell the asset (hopefully at a nice profit). Shareholders like profit, motion passes, everybody wins.
360 hours is 2 weeks ish, and it is 105% over top price - outside of pure manipulation scenario you mention - that seems really fair.
But I don't really buy the "create panic and buy back cheap" argument....
But something like this
did happen when ASICS were first announced. Although this wasn't done by an issuer, all mining assets tanked.
Even Gigamining was down about 50% AND stayed that low for over 2 weeks. If gigavps really wanted to, he could have taken advantage of the clause at that time and everything would have been "legal" so to speak. I know giga wouldn't do this, but he certainly could have.
There just has to be a better way, a better worded "out clause" for the maintainer that is fair to the investors as well. Because the scenario above can still happen (especially since the block reward halving is coming).
Nowadays I don't think traded price is the best choice, and some multiple of the ELE (extrapolated lifetime earnings) is better. I'll use that if I issue a new series of mining bonds, and I hope other issuers will do the same.
Something like this could work. But I would like to see other ideas as well. Does any one else have suggestions?