The payment of dividends by a target company as part of scheme consideration does not constitute financial assistance to the acquiring company under s 260A where the acquirer is acquiring the target with correspondingly less cash in the target's bank account. Employees who hold performance rights or options and are also shareholders do not form a separate class for the purposes of s 411(1) where they receive the same scheme consideration as other shareholders and their divergent interests arise from their status as employees rather than as members. The votes of such employee-shareholders should be 'tagged' so their voting pattern is known at the second court hearing.
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