RE: RE: Apparently the Globe thinks we are LuckyLast time I talked to Krista we were still stake holders;
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(c) Notwithstanding Sections 9(a) and (b), the Company shall not be prevented from
receiving any proposal for a refinancing, recapitalization or other extraordinary
transaction from a third party and negotiating such proposal with a third party if
the Board, on advice of its financial and legal advisors, determines that such
proposal would reasonably be expected to result in a transaction more favourable
to the Company and its stakeholders and no less favourable for the Noteholders
than the Recapitalization (including, without limitation, full payment in cash by
the Company of the aggregate amount of Debt in respect of the Notes) (a
"Superior Proposal"). In the event the Company receives any proposal from athird party that the Board believes may constitute a Superior Proposal, it will
promptly notify the Noteholder Support Group of the terms thereof, including the
identity of the proposing party(ies). In the event that the Board, after consultation
with its financial and legal advisors, determines in good faith that it can no longer
support or recommend the Recapitalization, the Company shall promptly (in any
event no later than one (1) business day following such determination) so inform
the Noteholder Support Group (including as to the terms of any such proposal that
the Board has determined is a Superior Proposal) and the Initial Backstop Parties
shall have ten (10) business days to propose an alternative to the Superior
Proposal that is of comparable value to the Company and its stakeholders and no
less favourable for the Noteholders than the Superior Proposal and, at which time,
the Company shall commit to and pursue such alternative proposal."
By the way, whatever happened to our shareholder rights protection plan, developed in 2006? I never could get my hands on that.
Giver