Dan, following on from your comment that a sale could be in place before we are made aware of test results publicly, some points herewith (if applicable) to consider........
4DS is an Australian Publicly Listed Company, and therefore as such needs to follow ASX Rules. Under the ASX, the most common method of obtaining control in an Australian publicly listed company is by way of a takeover bid. Where transaction values are greater than $1billion, a member’s scheme of arrangement involving the transfer of shares to the acquirer becomes a more common method. This is likely due to the certainty of outcome (all or nothing) provided by the structure. Schemes of arrangement are also useful where the bidder requires the certainty of an ‘all or nothing’ outcome. Hostile transactions have, to date, been relatively uncommon in Australia and the majority of successful transactions obtain support in the form of a recommendation from the target company’s board of directors (at some point in the transaction process).
Maintaining secrecy during the acquisition of a publicly listed company is paramount. Target companies generally do not have an obligation to disclose confidential, non-binding, indicative or incomplete proposals to the ASX but may strategically choose to do so.
There may be some big buyers waiting on the results mentioned before they make their move, which would mean that a Public Offer would be made to all 4DS shareholders, which could result in a recommendation issuing from the BOD for 4DS, to accept or not to accept the offer.
In the event an interested party decides to pick up cheap shares by creep, once it acquires 20% or more, transactions are required to be notified to the Australian Foreign Investment Review Board (FIRB). Applications for FIRB approval are confidential, however it should be noted that the FIRB will consult with other governmental bodies including the Critical Infrastructure Centre, the Australian Taxation Office and the Australian Competition and Consumer Commission.
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