Ann: FDA Approval for Xprecia Prime, page-37

I would think there is a reasonable chance the CR gets amended as in its current form it will require a special resolution. Given the high number of overseas shareholders on the register and their inability to participate they will certainly be voting against it. There is a reasonable chance they will be able to block the proposal as a special resolutions requires a 75% approval threshold. What I think may have happened is that in order to get going concern sign off from the auditor and in a scenario where FDA approval was not forthcoming they needed to demonstrate to the auditors that they had access to sufficient access to capital. Hence the announcement and the underwriting agreement but with little or no immediate action to close the transaction until after the FDA decision was known. If you actually look at the underwriting deal it would have been worthless had we got a CR from the FDA as we would have traded under 10cents for more than 3 days and underwriters would have bailed. This does not feel like a normal CR.