Agree, but at least (and thank goodness) they had the legal nouse to cover their collective b/sides with that one good and essential condition: “in the absence of a superior proposal” ... that being defined in the SID as:
“Superior Proposal means a bona fide Competing Proposal which is not subject to conditions relating to due diligence or financing, and which the Atlas Board determines, acting in good faith, and, having taken legal and financial advice, in order to satisfy what the Atlas Board reasonably considers to be its fiduciary or statutory duties, would, if completed substantially in accordance with its terms, be likely to result in a transaction materially more favourable to Atlas Shareholders than the Transaction having regard to matters including consideration, conditionality, funding, certainty and timing.”
Open books now leading to that possibility. .. Many thanks to all the great analysts on hotcopper. Much appreciated ..
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- Ann: Atlas Announces Changes to the SID with Mineral Resources
Ann: Atlas Announces Changes to the SID with Mineral Resources, page-49
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