toho clause

the clause reads " Toho Zinc also believes that the proposed merger consideration contains a fair premium for CBH shareholders having regard to the relative contributions of CBH and PEM to the merged entity and the historical price level of both PEM and CBH shares."

It goes on to say TOHO intend to support the merger PROVIDED THAT....IN TOHO's OPINION....."NO MATERIAL CHANGE OCCURS BETWEEN NOW AND THE SCHEME MEETING, INCLUDING WITHOUT LIMITATION, ANY MATERIAL CHANGES IN THE SHARE PRICES OR RELATIVE SHARE PRICES OF CBH OR PEM and the occurrence of any circumstance in which cbh would be entitled to withdraw from the proposed merger, WHETHER CBH DOES SO OR NOT "

So the continued weakness in Pems shareprice could, imho, cause Toho to rethink their position with regard to the meger. Thoughts appreciated as always.