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This is the correct take.There is no specific termination rights...

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    This is the correct take.

    There is no specific termination rights in 13.1(b) for GCY to cancel the scheme based on a GCY Competing Proposal, only FFR has the right to cancel under 13.1(e).

    https://hotcopper.com.au/data/attachments/3736/3736591-9c7ff772e3312c46df961d868ae74858.jpg
    https://hotcopper.com.au/data/attachments/3736/3736593-06c05323dd9e7c98459f358c43664754.jpg

    Contrast against a similar scrip merger agreement between OSH/STO, there is a specific termination right to the bidder if they themselves become a target under 15.2(c):

    https://hotcopper.com.au/data/attachments/3736/3736596-a719bb79f8bb705353c773c3860e461e.jpg
    https://hotcopper.com.au/data/attachments/3736/3736603-ee7e953c566157ac4ad29d00b3b76157.jpg

    For GCY, it comes down to the interpretation of clause 11.8 over the "fiduciary exception" carve out, and it's this that WGX it trying to have rectified via the Takeovers Panel:

    https://hotcopper.com.au/data/attachments/3736/3736619-cbaa51cd6e1ad5e9b90640f2bdfb8219.jpg

    Second court date is Monday. They're running out of time.
 
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