RE: Cineplex Cross appeal part 3 (final)15 May 2022 23:29
@FunInvestor, indeed it may appear that way, but my understanding is that there was no concrete evidence. If any of them said, ‘yes, deal is completely off and not taking place’ to satisfy the condition that lenders had imposed upon them for the RCF increase, then it is indefensible. But I didn’t see anything like that.
The closest I’ve seen is Nisan reassuring HSBC that there was no double exposure and that there is ‘no deal at 34’. Again, this could have been the subject of many ‘without prejudice’ discussions, hence why Nisan said that. But Nisan never said ‘ok, we will terminate the agreement according to your wishes’. I haven’t read the entire judgement yet, so please let me know if I’ve missed something.
Indeed, it is more likely than not that CINE wanted out of the acquisition, but without evidence or an admission of that allegation, you can’t just go around and automatically assume the worst of people. That is my view.