MRC 4.76% 2.2¢ mineral commodities ltd

Oh Dear Fjord, I am surprised MRC hasn't taken legal action...

  1. 15,777 Posts.
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    Oh Dear Fjord, I am surprised MRC hasn't taken legal action against you for your false and misleading commentary, you have had the listing rules pointed out to you several times yet you continue to post the same misleading BS,

    Do you think MRC and the ASX will allow this capital raising occur if it didn't comply with the listing rules.
    Just because you don't have the intelligence to understand there are exemptions under 10.12 that do apply to MRC's situation.
    These two rules allow AU Mining to take up their entitlement and offer to underwrite the shortfall. as the ASX guidance note states.

    These issues are excluded from the restrictions in Listing Rule 10.11 since the pro rata nature of the underlying issue ensures that all security holders have had an equal opportunity to participate in the issue on the same terms.45

    3. Permitted issues under Listing Rule 10.123.

    1 The policy underpinning the exceptions in Listing Rule 10.12Listing Rule 10.12 lists different types of security issues to which Listing Rule 10.11 does not apply.Some of these exceptions reflect the underlying nature of the issue and the fact that all security holders have an equal opportunity to participate in the issue on the same terms. They therefore do not present an opportunity for related or other closely connected parties to acquire securities on more favourable terms than other security holders. Others are of a technical nature to ensure that the framework regulating issues of equity securities to related and other closely connected parties operates as intended.


    3.2 Exception 1

    pro rata issuesListing Rule 10.12 exception 138 excludes from Listing Rule 10.11 an issue to holders of ordinary securities made under a pro rata issue,39 as well as an issue to holders of other equity securities to the extent that the terms of issue of those other equity securities permit participation in the pro rata issue.A pro rata issue is excluded from the restrictions in Listing Rule 10.11 as all security holders have an equal opportunity to participate in the issue on the same terms.40It should be noted that exception 1 only applies to securities taken up directly as part of a pro rata issue. It does not apply to a person taking up all or part of the shortfall of a pro rata issue.41
    For example, a director who has taken up their entitlement in a pro rata issue cannot take up shortfall securities under this exception, even if the shortfall is allocated on a pro rata basis to those participating in the shortfall.423.3

    Exception 2 – underwritings of pro rata issuesListing Rule 10.12 exception 243 excludes from Listing Rule 10.11 an issue of securities to an underwriter under an agreement to underwrite the shortfall44 on:
     a pro rata issue to holders of ordinary securities; or
     a pro rata issue to holders of ordinary securities and to holders of other equity securities to the extent that the terms of issue of the equity securities permit participation in the pro rata issue.

    These issues are excluded from the restrictions in Listing Rule 10.11 since the pro rata nature of the underlying issue ensures that all security holders have had an equal opportunity to participate in the issue on the same terms.45

 
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