A break fee of 4.57% of equity value does not necessarily prevent the Court from ordering a scheme meeting under s 411(1) where the fee was genuinely negotiated, represents a genuine pre-estimate of costs, and is not payable merely because shareholders vote against the scheme. An independent expert's opinion that a scheme is 'not fair but reasonable' raises a serious question for investigation but does not preclude the ordering of a meeting where shareholders are provided with sufficient information to make an informed decision.
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