This is the way it worked for the Greenstone directors to legally take those millions of unvested performance rights.
1. Greenstone directors decide they will take the unvested performance rights
2. Lawyer includes tiny small print in the Scheme Booklets stating directors are going to accelerate vesting the performance rights
3. The scheme votes contained clauses required by the ASX to allow the vesting of the unearned performance rights
So the vote to merge actually voted for the directors to take those performance rights, ethically wrong you bet illegal no. It all goes back to the company constitution and the powers of directors to manage the company, set incentives etc.
Had there been a seperate vote concerning the performance rights what way do you think it would have gone.
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This is the way it worked for the Greenstone directors to...
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