The original ones to RIM for $4.25m did not have that very specific condition which Davidio mentioned, so yes these 171,636,364 shares RIM can still convert will likely be added to the share register.
However, the ones done in the BRL capital raising, another 200m, seem to have a very unusual condition which seems to imply that Bathurst actually have a 'special' and one off ability to choose to essentially not allow note holders (in the BRL capital raising) to convert them to shares and instead BRL can force to redeem some or all of them - I could be reading to far into it, but the exact wording (page 11 of the below link):
"Bathurst has a one-off right to redeem some or all of the Convertible Notes once the Sale Agreement becomes unconditional. Bathurst must redeem all of the Convertible Notes if the Sale Agreement is terminated or if shareholder approval for the conversion is not obtained."
http://www.infomine.com/intelligence/documents/C532A4FF-5C7D-45EB-BC7C-1F6C9CB1A67A
Further thoughts welcome.
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