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4.3.6 If any portion of the Outstanding Amounts is still
outstanding by the end of 18 (eighteen) months from the first
Deemed Date of Allotment, then, the nominee of the
Debenture Trustee on the Strategic Committee will have the
casting vote with respect to decisions/recommendations of the
Strategic Committee in the event of a tie, until the Final
Settlement Date.‖
(Emphasis supplied)
6.2 The petitioner has sought to emphasise the fact that the
Strategic Committee was, per Clause 4.3.1 of the Debenture Trust
Deeds, entrusted with the responsibility of providing guidance, in
order to achieve the Identified Events, which were specifically
delineated in Schedule 15 to the Debenture Trust Deeds (reproduced
hereinabove). (In this context, it is necessary to note that Clause 4.3.1
specifically empowered the Strategic Committee with the
responsibility of providing guidance on value creation, merely
clarifying, thereafter, that such guidance on value creation would
include, but would not be limited to, value creation by way of transfer
of the businesses or undertakings of the Reference Entities (i.e. CGP
and BILT), and/or the petitioner, for the purpose of achieving the
Identified Events. Significantly, there is no comma, in Clause 4.3.1,
before the words ―for the purpose of achieving the Identified Events‖.