RE: break fee Here is the relevant part of the contract explaining the break fee and what happens if FIU recieves a superior proposal. If come May 30th and we vote no, I wonder if we would have to pay this. My guess is no.
The Company has agreed to work exclusively with Gold One and has undertaken not to solicit any asset
or share acquisition or proposal (“Alternative Transaction”) with respect to Ezulwini. The Company is
obliged to advise Gold One if it receives an Alternative Transaction which the Board of Directors on the
advice of its financial and legal advisors, determines is a superior proposal (“Superior Proposal”) and
Gold One will have a five (5) business day right to match any Superior Proposal. If Gold One and the
Company do not agree to amend the Gold One transaction in light of the Superior Proposal, FIU may
proceed to complete a Superior Proposal or, in the event that Gold One terminates the agreement due
to a material breach by FIU of its non-solicitation obligations, the Company shall thereafter on the date
of closing of the Superior Proposal pay to Gold One a break fee of $2.5 million in consideration of the
termination. The Gold One Transaction also provides that the completion date will be the Long Stop
Date, subject to extension by mutual agreement.