On their face the partial hostile T/O provisions look like a VERY good idea to me.
I appreciate they're applicable for a partial T/O but in the event that a hostile partial T/O was successful (could be engineered to seem a generous offer...especially given the recent havoc caused by Covid delays and the spiral down in SP) it means that SHS are in an entirely weakened position if the suitor (either as an agent for or as a direct suitor) proceeds to the very possible ultimate goal of a full hostile T/O. There are examples of such attempts easily revealed via a Google search and the litigation looks quite horrendous, and so I expect that by entering these provisions it knocks such debilitating tactics on the head. In other words PREVENTION is better than LITIGATION!
We were offered a confidential T/O bid by Samsung at an initial offer of 8.4c (which fell apart due to ASIC intervention requiring disclosure). Our MC is suffering again due to Covid delays impacting the HP roll out as well, so we're a perfect target unless we get a super generous suitor to buy us out completely, in which case it's probably not a problem. But let's not kid ourselves, the standard T/O offers aren't that generous and often of a vulture mentality (like the many trolls that have come to camp here of late ). Not saying it can't happen...Beats comes to mind and I consider our tech miles ahead of them...but JM&DC aren't Dr Dre either.
In ANY event we aren't talking here about what we may decide IF such T/O bid/s might arise...but rather how to avoid getting screwed in the event of it actually happening cheaply, and as a clear shield against any vulture attacks!!!
The usual Poison Pill defence isn't a great option either (anyone invested in AVZ might well recall the savage dilution the Patterson's bottomless raise caused...that was a clear poison pill defence...in my view due to the complete ineptitude of the board. Surprisingly...all ended well there as SP went from a bottom of 4.2c to 28c as the recent high ) but again horrendous dilution...not something I want to see here, especially on the brink of a sustained re-rate over the next 12 months and into the future.
I don't recall what the voting position is for NUH re percentages required for a successful (full) T/O bid usually it's 75% or 90% if memory serves...can anyone confirm?
In any event unless anyone can persuade me away from the above hypothesis (rationally that is...keep the bombastic commentary to yourselves...not interested) then I'll be voting in the affirmative in relation to the partial T/O provisions.
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