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Which of the following would NOT be viewed as a Frustrating Action by the Australian Takeover Panel? A 1% break fee paid by the Target

Which of the following would NOT be viewed as a "Frustrating Action" by the Australian Takeover Panel?

  • A 1% break fee paid by the Target

  • A "crown jewels" defence

  • The Takeover Panel would view all of the options as a "Frustrating Action"

  • A reactive poison pill or "shadow pill"

  • A leveraged recapitalisation which was previously not contemplated

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