and here is Section 5.1(3) of the FWR SRP
The Board of Directors acting in good faith, may, prior to the occurrence of a Flip-in
Event, and upon prior written notice delivered to the Rights Agent, determine to waive
the application of Section 3.1 hereof to a Flip-in Event that may occur by reason of a
Take-over Bid made by means of a Take-over Bid circular to all registered holders of
Common Shares; provided that if the Board of Directors waives the application of
Section 3.1 hereof to a particular Flip-in Event pursuant to this Section 5.1(3), the Board
of Directors shall be deemed to have waived the application of Section 3.1 hereof to any
other Flip-in Event occurring by reason of any Take-over Bid made by means of a Takeover
Bid circular to all registered holders of Common Shares prior to the expiry of any
Take-over Bid in respect of which a waiver is, or is deemed to have been granted,
pursuant to this Section 5.1(3).
IMO, a waiver in Section 5.1(3) appears to waive any other flip-in event that could take place within the time frame of NOT's Offer, which can't be a good thing for FWR, unless the deal that FWR is working on before Dec1 does not require shareholder approval.