Reasons for Decision
1
there is no effectively non contingent obligation on the part of the (issuer) entity (or the entity and a connected entity) to repay the investment amount (provide a financial benefit as defined in section 974-160 of the ITAA 1997) under the RPS (as required by paragraph 974-20(1)(c) of the ITAA 1997); and, as a result, 2. it cannot be said that the requirements of paragraph 974-20(1)(d) of the ITAA 1997 will be met (that is, it is not substantially more likely than not that the value of the financial benefit provided will equal or exceed the value of the financial benefit received).