Koo wrote "It will need a 2/3 majority to pass. And BM's cannot vote on this issue."

I'm not so sure about your statement that board members can't vote on this issue. From the information circular: "Due to their interest in the Royalty Preferred Share Amendment, Donald McCaffrey, Kelly McNeill, Eldon Smith and Kenneth Zuerblis abstained from voting on the resolution of the directors to approve the Royalty Preferred Share Amendment."

To me, it sounds like certain board members had to recuse themselved from voting as a board to move the amendment forward to the pending shareholder vote. They already "abstained" from the board vote. My interpretation is that board members can still vote in the shareholder vote.