If Slater and Gordon's proposed class action against ROC goes ahead, and their advice is that it has a reasonable chance of success, it could trigger a material adverse change (MAC) condition in the Fosun-Roc transaction, involving any event that results in a $US15 million ($17 million) reduction in asset value or earnings. Given the less than positive market sentiment towards energy stocks lately Fosun could decide to terminate the takeover. If that happened then the merger with Horizon could go ahead after all.
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