"(Withdrawal of facility acceptances) persons who have provided acceptance instructions retain all rights and control over their Avanco shares and will be able to withdraw their acceptance instructions at any time prior to the Facility Agent receiving the Confirmation Letter from OZ Minerals Brazil."
WOW! The keywords 'prior to'. They're inviting people to provide acceptance instructions to the IAF ... AND take the RISK of not being able to withdraw their acceptance PRIOR TO OZ sending confirmation letter to the IAF.
Here's the thing, if there's a second bid coming in AVB is obliged to tell OZL about it. It's part of their no shop, no talk, no due diligence sell out their soul agreement. So as soon as OZL sniffs a superior bid coming all it takes is a little delay from AVB in announcing the superior bid. In fact they don't even have to do anything that is apparently illegal. All they have to do is go back and forth a little with the second bidder while having informed OZL. That would give OZL ample time to send out the confirmation letter to the IAF and lock in all those IAF acceptances.
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- Ann: OZL: Notice of Change of Institutional Acceptance Facility
Ann: OZL: Notice of Change of Institutional Acceptance Facility, page-13
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