As an opportunistic "3rd party" in this dance (IMO, FWR BOD approached CLF for some
fiduciary help), CLF has extracted another pound of flesh with the increase in the break fee $6M -> $8.45M "in certain other circumstances". And a case might be made for CLF tendering its shares to NOT "in certain other circumstances".
Regards
"As previously announced, the Arrangement Agreement with Cliffs, as amended, contains, among other things, a non-solicitation covenant by Freewest, subject to customary provisions that entitle Freewest to consider and accept a superior proposal; a right in favour of Cliffs to match any superior proposal; and the payment by Freewest to Cliffs of a termination payment equal to C$8.45 million if the transaction is not completed as a result of a superior proposal, and in certain other circumstances."