James, its like you getting an injunction to stop a development that you claim reduces your property's value. If the judge agrees an injustice has happened, then you are entitle to compensation for your loss from the developer. Only in this case the loss involved is relatively trivial.
But this is all inconsequential as far as the scheme arrangement is concerned. If MMK is in breach of the scheme, FMS is entitle to a break fee and can accept an offer from another bidder. But I expect fms would have to tell mmk first before going public on accepting another offer.
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