Ann: Brockman in Negotiations with FMG for Rail a, page-33

re: Ann: Brockman in Negotiations with FMG fo... I'm not a BRM holder, but have the company on a watchlist, and am interested. Anyhoo, I was wondering if the potential negotiation with FMG on rail might trigger section (e) of the defeating conditions clause, that basically being no material transactions, or doing anything that costs $5m. Might this remove Wah Nam from the picture?

Here's the conditions:

http://www.hotcopper.com.au/asx_announcements.asp?id=235657

Good luck to holders.