Dep,
Your question: "My question is this. If this deal is voted down by the shareholders ie. if the 66.66% is not met and the deal dies, is this one of the certain circumstances? If this is the case then Probe has to cough up this $18.4 million which sure takes a chunk out of the coffers for future drilling up of this ore body."
This should be best posed to Dave or Patrick Langlois for an answer. They would know the "certain circumstances" for sure. But, imo the circumstances would not include the situation when the deal were not supported by 2/3 (66.66%) in a special meeting. It was supported by the BoD, but it is required, by law, to be passed by the 2/3 majority.
The BoD cannot make this kind of decision alone without majority shareholder support.
goldhunter