The issue of 90% of shares to banks in a D2E swap may well not be a change of control event. see clause 14.2 of appendix B to the prospectus for issue of bnbg.
Change in Control Event means each of:
(a) a takeover bid is made to acquire all of the Ordinary Shares and the offer under the takeover bid is, or
becomes, unconditional and:
(1) the bidder has acquired at any time during the offer period a relevant interest in more than 50% of the
Ordinary Shares on issue; or
(2) the directors of the Issuer unanimously recommend acceptance of the offer under the takeover bid, and
acceptance of that offer would result in the bidder having a relevant interest in 100% of the Ordinary
Shares on issue; and
(b) a court approves a proposed scheme of arrangement which, when implemented, will result in a person having
a relevant interest in 100% of the Ordinary Shares on issue.
hold a few bnbg only
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BNB
babcock & brown limited
smh article, page-36
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