The lawyers only allowed Sarissa to use the "MAY" language in the DC. If there is a share distribution, then it will be of HKHE shares. How could Sarissa use any other language when the transaction has not been approved?
I get it. I was a technical writer for the Air Force for four years and words like "will" and "shall" are binding. If they are 95% sure it will happen the 5% will dictate a "may".