The s 411(17)(a) avoidance question need not be addressed at the convening stage under s 411(1); it is properly deferred to the approval hearing under s 411(4)(b). The statutory duty to address s 411(17)(a) arises only if ASIC does not produce a s 411(17)(b) no-objection statement. Break fees of approximately 1% of equity value that are negotiated, not payable on a vote to reject, and not coercive will not cause the court to withhold convening orders. The scope of s 411(17)(a) may have changed following the 1999 removal of compulsory acquisition provisions from Chapter 6, but this question was left open.
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