https://www.copyright link/chanticleer/the-two-big-winners-from-capital-raising-rush-20200416-p54kax
https://www.copyright link/companies/financial-services/asx-capital-raising-scrutiny-not-what-it-seems-20200423-p54mih
https://asic.gov.au/about-asic/news-centre/find-a-media-release/2020-releases/20-097mr-asic-supports-increased-transparency-in-capital-raisings/
https://www2.asx.com.au/about/media-centre/asx-action-on-covid-19?icid=O~C~~~~COVID-19~ASX~~2003~~
Couple of relevant articles and ASIC/ASX releases. Note it is only a guideline and originally applied to "emergency" raisings between 15-25% of issued capital although ASIC also say "ASIC considers that the enhanced disclosure required under ASX’s temporary waiver is also appropriate for other capital raisings that do not need to rely on the waiver. We encourage companies to make these types of disclosures for all placements and SPPs." and the ASX says "This is so that retail shareholders get to participate in the overall capital raising at a price at least as favourable as the placement." and "The effect of these conditions is to ensure that all security holders, including in particular retail security holders, are offered the opportunity to participate in the capital raising at the same or a lower price than security holders participating in the placement."
Also note that the waiver and increase is a one-off:
For the avoidance of doubt, eligible entities that already have the extra 10% placement capacity under rule
7.1A will be able to elect to use their existing rule 7.1A capacity or the extra 10% placement capacity available
under the Temporary Extra Placement Capacity, but not both.
Entities that have in the preceding 12 months already used up part of their existing 15% placement capacity
under listing rule 7.1 or, if they are eligible for it, their existing extra 10% placement capacity under listing
rule 7.1A, will need to deduct that when calculating their remaining Temporary Extra Placement Capacity.
An entity that elects to do a placement with a follow-on accelerated pro rata entitlement offer will qualify for
the normal “supersize” waiver ASX grants where an entity is contemplating a placement followed by a pro rata
entitlement offer.6 The supersize waiver will be included in the Class Waiver and listed entities will not need to
apply separately to ASX to get the benefit of this waiver.
An entity that elects to do a placement with a follow-on SPP offer should note that the exception for SPPs in
exception 5 of listing rule 7.2 currently is only available once in any 12 month period7 and then only if:
o the number of securities to be issued is not greater than 30% of the number of fully paid ordinary
securities already on issue; and
o the issue price of the securities is at least 80% of the volume weighted average market price for
securities in that class, calculated over the last 5 days on which sales in the securities were recorded,
either before the day on which the issue was announced or before the day on which the issue was
made.
ASX will waive these requirements in the Class Waiver and substitute instead a requirement that the follow-on
SPP offer must occur at a price equal to or lower than the placement price.
If there is a limit on the amount to be raised under the SPP offer, the entity must disclose any scale back
arrangements and use its best endeavours to ensure that SPP offer participants have a reasonable opportunity
to participate equitably in the overall capital raising. Any scale-back arrangements will be required to be pro
rata to all participants.
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- Ann: A$31.2 Million Capital Raising
Ann: A$31.2 Million Capital Raising, page-43
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