From today's announcement, "The applicant submits that the Emerald Supplementary Bidder’s Statement has material deficiencies, including (in summary) that:• it does not disclose to Bullseye shareholders the date on which the Withdrawal Rights expire, or the information they would need to determine this for themselves and..."
See Annexure B- The Panel Orders at para 2 (of the Takeover Panels 7 Feb. 2022) announcement, "Emerald must dispatch a supplementary bidder’s statement, in a form which ASIC and the Panel (through one or more sitting member) having been provided a draft does not object to, that:..(b) prominently advises Bullseye shareholders ofi) the right to withdraw their acceptances of the Bid (ii) how to exercise the right of withdrawal and (iii) the time within which the right to withdraw is available and(c) offers the withdrawal rights (other than the directors’ stakes), for a period of not less than 10 trading days (in total) that meet the following requirements: (i) trading in Emerald shares is available on market and not subject to any trading halt or trading suspension and(ii) the period starts from the date which is the later of the dispatch of Bullseye’s supplementary target’s statement and the dispatch of Emerald’s supplementary bidder’s statement."
The First Supplementary Bidder's Statement, "2...(c) Emerald must dispatch a supplementary bidder’s statement thati) explains to shareholders the effect of the Panel’s declaration and Orders; (ii) includes details of how to exercise the right of withdrawal and the time within which the right to withdraw is available; and (iii) offers withdrawal rights to accepting Bullseye shareholders , for a period of not less than 10 trading days (in total) that meet the following requirements: (A) trading in Emerald shares is available on market (ie, it is not subject to any trading halt or suspension), and (B) the period starts from the date which is the later of the dispatch of Bullseye’s supplementary target’s statement and the dispatch of Emerald’s supplementary bidder’s statement (Relevant Date).
Para. 3 of the Supplementary Bidder's Statement states, "2. You may elect to exercise your right to withdraw your acceptance of the Offer by providing Emerald with notice of your withdrawal pursuant to the attached form (Withdrawal Form), within the Relevant Period. If you choose to exercise this withdrawal right and return a completed Withdrawal Form so that it is received by Emerald within the Relevant Period (as defined in Section 2(c)(iii) above), your acceptance of the Offer will be cancelled, you will retain your Bullseye shares and you will not be issued any Emerald consideration shares.If an accepting Bullseye shareholder withdraws an acceptance in this manner, and is legally entitled to withdraw their acceptance, Emerald must, before the end of 14 days after the day it receives the Withdrawal Forma) cancel the Bullseye shareholder’s acceptance of the Offer; and (b) return to the Bullseye shareholder any documents that were sent by the Bullseye shareholder to Emerald with the acceptance of the Offer."
Given the Supplementary Target's Statement and Supplementary Bidder's Statement were announced on 21 February, you have 10 trading days (or 14 calendar days) from 21 February, thus the final day by which the withdrawals can be lodged with the company is 7 March. Emerald then has 14 days to cancel the acceptance, and return the acceptance document/s.
It's not that hard!
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- Ann: TOV: Bullseye Mining Limited 04 - Panel Receives Application
Ann: TOV: Bullseye Mining Limited 04 - Panel Receives Application, page-10
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