Ann: Notice of General Meeting/Proxy Form, page-30

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readyaimfire

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03/12/19

00:37

Post #: 41758753
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Originally posted by JB1975 ↑

"Therefore third party approaches to AVZ can be considered but not sought out "

AVZ may only do that (without breaching the contract and being liable for damages to Yibin) to the extent it has not contracted not to do that.

That's why I'm referring to 1.2 (c) (iv) - those words effectively and practically would stop AVZ from even considering even non sought out approaches unless they can do so without "participating in any communication, negotiations, or discussions with any other person regarding Competing Transaction or potential Competing Transaction, ...." etc.

Now we don't have some of the capitalism terms like Competing Transaction defined in the material we have been given. It seems we only have a brief. But pretty likely Competing Transaction is going to mean something that is competing with this transaction with Yibin.

Bear in mind if the 1.2 (c) clauses are currently in effect so is (ii) and AVZ will have requested "the return of all information (in any form, including copies) that was provided to other parties in connection with any Competing Transaction or potential Competing Transaction" - this is a measure that is designed to impede due diligence and prevent other proposals even unsought out ones.

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Yes I hear what your saying .....It would need to be a "left field" offer but could still occur IMO.

AVZ Price at posting: 4.4¢ Sentiment: None Disclosure: Held
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Ann: Notice of General Meeting/Proxy Form, page-30

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