theres the offer, page-9

I thought the price was being capped so that the oppies expired worthless. So does this deal mean:
1. That the price hasn't been capped?
2. That the capping will now continue until October 2008?
3. That the price has been capped for other reasons?
4. That the company know the offer won't be approved, but is designed to placate disgruntled and litigious oppie holders?