(1) Subject to Regulation 36, the common draft terms and any proposed amendment to the constitution shall be approved by a special resolution passed at a general meeting of an Irish merging company held not earlier than 30 days after the publication of the notice referred to in Regulation 33(6)(a), note having first been taken by the general meeting of -
(a) the directors' explanatory report under Regulation 29 and the expert's report under Regulation 30,
(b) any opinion received under Regulation 29(10), and
(c) any comments submitted in accordance with Regulation 33(1)(b).
(2) The approval of the members may be made subject to -
(a) the ratification of the arrangements adopted for employee participation in the successor company in accordance with Part 5,
(b) an order of the Court under Regulation 37(4) or (7), or of the authority designated by an EEA state other than the State providing for a cash payment for the purposes of Article 126a(6) of the Directive or additional cash compensa
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