More thoughts
A Russian court may be able to have a say in the borrowing of a company if that borrowing puts the company in jeopardy, however a Russian court would have no sway on assets held in Australia.
Getting the extra days is a show and tell situation. If Viktoy behind the scenes organises the Russian court to be in camera, then there is no show and tell.
In this situation an Australian court possibly could say, what is the problem in paying to complete the deal. Viktoy could go into all sorts of bull excuses and say the Russian court will not allow me to borrow the money to pay to acquire FMS.
At this point FMS's legal team would point out you actually don't have to borrow the money. You own 5% of FMG and that 5% is worth well above the approx. $600 million Aust. to buy FMS.
If the court makes a decision in our favour at that point the FMS team could possibly puts in an open ended claim for late payment to FMS' shareholders for the bugger up factor.
How many on here made arrangements they had to cancel or borrow funds to do what the money from FMS was supposed to do. Certainly the hedge funds are out of pocket. What about those who were forced to sell their FMS shares at low prices. We might be moving into interesting territory.
Viktoy has assets in Australia to pay for this transaction. Is he trying to do the dodge based on borrowing the funds. I don't think an Australian court cares how he organises his money, that clearly is his problem or a problem between himself and the court system in Russia. The court system in Russia could not tell him how to spend his assets in Australia.
As they say a bridge too far. I hope this is a shafting where he shafts himself.
Two days before the cheque is to be mailed and it may end up being contract law and not a break fee.
The above may be absolute rubbish but it makes interesting thinking about.
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