(1) Each remaining * share is treated at the test time as carrying such a percentage of the rights to receive * dividends, and capital distributions, from the company as is reasonable worked out:
(a) at the test time; and
(b) having regard to the purpose of the unsatisfied condition.
(2) In working out what is reasonable for subsection (1), have regard to the following:
(a) the company's * constitution;
(b) any agreements between the company and either or both of the following:
(i) any or all of the shareholders in the company;
(ii) any or all of the * associates of a shareholder in the company;
(c) any statement by the company of its policy in paying * dividends or making capital distributions;
(d) the ability of an entity to control (whether directly, or indirectly through one or more interposed entities) how the company pays dividends or makes capital distributions;
(e) how the company has previously paid dividends or made capital distributions;
(f) whether all classes of * shares carry substantially the same rights to receive dividends and capital distributions;
(g) the principle that:
(i) a * tax loss or bad debt should only be deductible; and
(ii) a * net capital loss should only be applied;
if a majority of the persons entitled to the benefits of dividend and capital distributions of the company is maintained.