PER 15.0% 11.5¢ percheron therapeutics limited

Ann: Intention to launch Share Purchase Plan, page-19

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  1. 6,288 Posts.
    lightbulb Created with Sketch. 588
    OK George below waiver issued by ASX uplifted from the recent MME CR and SPP

    In plain English , the company can seek an exception to the rule if it prejudices the existing shareholders.

    What ANP has tried to do to circumvent this quite simple process is change the date.

    very very wrong .

    Underlying Policy
    Listing Rule 7.1 protects a listed entity's security holders against
    dilution of their voting and economic interests in the listed entity by
    imposing a limit on the number of equity securities that may be issued
    by the entity without prior security holder approval.
    Present Application
    ASIC Class Order 19/547 contemplates the issue of not more than
    $30,000 worth of securities to each ordinary security holder under a
    security purchase plan without a prospectus. Exception 5 of Listing
    Rule 7.2 exempts these plans from the requirement for prior ordinary
    security holder approval because it is a type of issue that offers
    participation to existing security holders in a way that, while not pro
    rata, is made on equal terms. The exception requires that the issue
    price be no lower than 80% of the 5 day volume weighted average

    market price prior to the date of issue of the securities or the
    announcement of the plan, and that the total number of securities
    issued be no greater than 30% of the number of ordinary fully paid
    shares on issue. The Company announced a placement and the SPP
    at a fixed price ($0.08 per share) on 30 March 2023. The terms of the
    SPP in this case are such that the price of securities under the SPP
    will be the same price as securities issued under the placement,
    which is at a discount of approximately 38.2% of the VWAP over the
    last 5 days on which trades were recorded before the day on which
    the SPP (and the placement) were announced (as opposed to the
    maximum discount allowable under the SPP exception of 20%). In the
    interests of fairness, unrelated security holders are to be offered
    securities under the SPP at the placement price. An SPP on these
    terms is consistent with the policy basis of the exception.
    The overall
    cap of 30% of issued capital must still be observed to limit the overall
    degree of dilution that may be caused by the issue.

 
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