PGH 0.00% 84.0¢ pact group holdings ltd

10.92 Because general compulsory acquisition applies whether or...

  1. Giz
    837 Posts.
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    10.92 Because general compulsory acquisition applies whether or not a takeoverbid has been made, the procedure to be followed includes additionalprotections for minority shareholders:
    (a) the 90% holder must have a ‘full beneficial interest’ rather than arelevant interest to meet the 90% threshold (s664A);
    (b) the 90% holder must offer a cash sum (s664B);
    (c) the 90% holder must provide an independent expert report addressingwhether the consideration is fair value with its compulsory acquisitionnotice and (to the extent not covered by the expert report) includedisclosure of any other information material to deciding whether toobject to the acquisition (s664C(1));
    and
    (d) if holders of 10% or more of the securities covered by the notice objectto the compulsory acquisition, the 90% holder must apply to the courtfor approval of the acquisition, and bear the cost of court proceedings, ifit wishes to proceed with the compulsory acquisition (s664F).
    10.93 Further, in contrast to post-bid compulsory acquisition, if court proceedingsare commenced, the onus is on the 90% holder to establish that their offerrepresents fair value: s664F(3).
    See note C , even IF he gets to 90%, it’s still not just a done deal, not sure why share holders would just panic sell IF he gets to his target, also remember he would also need to keep accepting acceptances up to 2 weeks post CA announcement, which would give holders time to see if there will be objections to to CA or any other unfolding events from major holders.
    Remember even if a share holder never sells out and he is successful you will be sent a check for 0.84 cents per share.
    So I would recommend to any stock holder that are that nervous to try and take a higher price on market.
 
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