I have also lodge a complaint.
for the potential benefit of other who may wish to do similar this is what I wrote :
I am a current shareholder of Nexus Energy Limited ("NXS") and believe that the current Board of Directors and the recently former Chairman Mr Don Voelte have:
* acted in a misleading and deceptive manner
* failed to act in in the interest of shareholders
* failed to properly disclose material information in respect of the activity, needs and prospects of the company
* failed to appropriately manage their conflicts of interest
The recent announced conditional Merger Implementation Agreement("MIA") signed with Seven Group Holdings Limited (SGH) significantly and materially undervalue the company and seeks to opportunistically "steal" the company from existing shareholders without the opportunity for existent shareholders to fund a required recapitalisation of the company. I believe this MIA has been formulated based on information improperly gained by SGH (arising from the conflicted position of Mr Don Voelte as both Chairman of SGH and CEO of SGH and the pre-existing and ongoing relationship between Mr Volte and Mr Della Martina.
Further elements in support of my complaint include :
* West Australian Newspaper report that "Nexus in December asked Seven Group if it wanted to bid" which is while Mr Volte remained Chairman of NXS (until 18th February 2014). - when and how was SGH engaged in this process & provided information and what process did Directors undertake to maximise interest from other parties with equivalent provision of information ?
* Directors made statements that no equity was required for 12 mths - how is the company in such dire funding needs now ?
* Directors made statements that revised Gas Sale Agreement with Santos ("GSA") would result in increasing production whilst actual production decreased.
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Price($) | Vol. | No. |
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