Ann: Amendment to Fura Gems Merger of Ruby Assets Agreement, page-18

Ahh, just gets better and better.
Obviously are having trouble raising funds to be able to meet any conclusion to the Arena action so have had to crystalise their position with Fura - (Note - ".....at the request of the Company")
I love how the language has changed from Fura paying $10m worth of shares to now noting the deal was for 10.5m shares - nice and subtle to fit the circumstances
".....and now places New Energy in an advantageous position in the dispute process"
Certainly looks like they expect to be able to reach an agreed settlement and having the cash will probably prompt Arena to accept. (would expect face value plus accrued interest, although they might get away with less - obviously sticking point was termination fee)
Now that they can clean all that up, they will still eventually have to go back to Mr Ching when they want to raise any significant development money and how much of Caula will he want next time?
Assets are disappearing before shareholders eyes.............................