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VOTE NO. AWAIT "BEST & FINAL" DECLARATION, page-55

Currently unlisted. Proposed listing date: 4 SEPTEMBER 2024 #
  1. LJD
    679 Posts.
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    This is resolution 1 as pictured on the automic website (voting website)

    1 Amending Resolution - That the proposed Scheme Resolution in the Notice of Meeting contained in Schedule 6 to the Scheme Booklet be amended by adding the words highlighted in bold characters as follows: “That, pursuant to and in accordance with section 411 of the Corporations Act, the scheme of arrangement proposed between ResApp and the holders of its ordinary shares as contained in and more particularly described in the Scheme Booklet (as amended by the Supplementary Scheme Booklet dated 5 August 2022) of which the Notice of Scheme Meeting forms part, is agreed to (with or without alterations or conditions as approved by the Court to which ResApp and Pfizer Australia agree), and ResApp is authorised, subject to the terms of the Scheme Implementation Deed to agree to such alterations or conditions, and subject to approval by the Court, to implement the Scheme with any such alterations or conditions.”

    Very confusing; right

    However this next one is from the Booklet and explains it much better (thanks to largeraj for posting)

    BOOKLET
    1.15 Amending Resolution At the Scheme Meeting, ResApp Shareholders will be asked to consider a motion to amend the proposed Scheme Resolution which has previously been notified to Shareholders with the Scheme Booklet, so as to take into account the Revised Scheme Consideration described in this Supplementary Scheme Booklet (Amending Resolution). The Amending Resolution will require an ordinary resolution of Shareholders present and voting in person or by proxy, and voting will be by a poll. Assuming the Amending Resolution is approved, Shareholders will then be invited to vote by poll for approval of the amended Scheme by adoption of the amended Scheme Resolution. The text of the amended Scheme is included at Schedule 1.

    The important part is

    Assuming the Amending Resolution is approved, Shareholders will then be invited to vote by poll for approval of the amended Scheme by adoption of the amended Scheme Resolution.

    Assuming the Amending Resolution (Resolution 1) is approved (the for/yes vote wins), Shareholders will then be invited to vote by poll for approval of the amended Scheme by adoption of the amended Scheme Resolution (Resolution 2) (and depending on the result of Resolution 2 is the decider for the takeover).

    From the angle of a no voter, if you vote against Resolution 1 and the majority of voters vote against Resolution 1, then the Amending Resolution is defeated, it is not approved and therefore, Resolution 2 will not come into consideration.

    It is confusing when the words say Shareholders will then be invited to vote by poll ................ When in fact you are voting for both at the same time.

    If you want the chance to stop the vote at Resolution 1 then vote:

    Resolution 1: against
    Resolution 2: against



 
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