Damn good Question and one a new entrant would have to know the answer to prior to making an Offer. It's unfortunate we can't ask the OSC. We can ask but based on past experience, we won't get a reply.

K KNOWS the real value of ARU as it is now and too as it's likely to be in the future. As such they are likely not to cave into any Bid we would be attracted to accept, being a few dollars more. We've been sold out by our CEO and Management as such we're in the grovelling stage but Kinross isn't.

The Agreement is K would submit to a higher bid prior to the expire of theirs but if their Bid FAILS and the expirey date passes, they aren't compelled to do ANYTHING with their shares.

My bet would be if it Fails without a higher Bid surfacing prior to 03Sept, K will excercise their right to refuse and continue to hold their 10% for an indefinte length of time ie many years until they get a bid a hellava lot higher than one we would 'settle' for.

Patsy Anderson u sure put this company in jeopardy for any Major wanting to make a higher bid at a date after the New Mining Law. You've screwed us Royally. Whatta ignoramus you are! Leave the 'Business' aspect of your life to your new wife!

Surely some bright person in this mess can answer this question as to the ability of getting ARU delisted if and when a higher Bid is acceptable to us but not to Kinross meaning 10% is still o/s.