To affirm JohnsonPuppa:-
The door is not shut to competing and superior bids if the directors are to carry out their fiduciary and statutory duties in the interests of ResApp and its shareholders.
Need to read 11.2 in conjunction with 11.3:-
11.3 Limitation to no-talk and no-due diligence Clause 11.2(b) does not prevent ResApp from taking or omitting to take any action in relation to a Competing Proposal (which was not solicited, invited, encouraged or initiated in breach of clause 11.2(a)), provided that the ResApp Board has first determined, in good faith, and in what the ResApp Board considers to be in the interests of ResApp and its shareholders, and after receiving advice from its external financial and external legal Advisers, that: (a) such Competing Proposal is, or could reasonably be expected to become, a Superior Proposal; and (b) compliance with clause 11.2(b) would, or would be reasonably likely to, constitute a breach of any of the fiduciary or statutory duties of the directors of ResApp.
Game's not over - far from it !
To affirm JohnsonPuppa:- The door is not shut to competing and...
Currently unlisted. Proposed listing date: 4 SEPTEMBER 2024 #