I think they would have to disclose the Non-binding agreement, because of the Continuous Disclosure Rules, plus the transaction might be material, plus it affects the CR (ie material transaction issue), plus the fact that it is a signed agreement albeit Non-Binding, is a factual/documentary occurrence.
I personally think, it is not the issue as to whether it is a good transaction or not, and not necessarily whether they should have disclosed it or not, but rather the fact that they have not disclosed vital and basic info in the middle of a CR. Nor importantly the EFFECT the transaction will potentially have on the company.
it there were no CR, then the fact that no enough basic info has not been disclosed, simply might not have been so important.
anyway, just my views.
DYOR as always
cheers
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