Shortfall Offer
ASX Listing Rule 7.11.4 and section 708AA(13)(a) of the Corporations Act (as modified by ASIC Corporations (Non-Traditional Rights Issues) Instrument 2016/84) permit the Company to make an additional offer of the New Shares that may be comprised in any Shortfall.
Accordingly, Eligible Shareholders are also able to participate in a further discretionary offer of New Shares, being the New Shares that have been initially offered to Eligible Shareholders under the Entitlement Offer (Shortfall Offer).
The Shortfall Offer is a separate offer made pursuant to this Offer Document and will remain open for up to three months from the closing date of the Entitlement Offer. It is a condition of participating in the Shortfall Offer that the New Shares being offered may only be issued to a successful applicant where an offer of the New Shares has first been made to, but not accepted by, another Eligible Shareholder under the Entitlement Offer.
In addition:
(a) the Shortfall Offer may be made available to third party investors who the Company invites to participate in the Shortfall Offer in addition to Eligible Shareholders;
(b) there is no guarantee that any Application in the Shortfall Offer will be successful and the Directors reserve the right to allocate and satisfy Applications received under the Shortfall Offer at their sole discretion; and
(c) the issue price of New Shares under the Shortfall Offer is the same price as the New Shares offered under the Entitlement Offer.
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So just to see if I'm reading this right.
If the initial rights issue falls short, the shortfall offer is active.
The shortfall offer may be made available to 3rd party investors who are "invited by the Company".
So speculation here , potentially one of the other offtakers could be theoretically be invited to participate in the shortfall offer.
We know it won't be Lionergy, but the other 3 offtakers would be fair game?
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