27-04-2012, 11:23 AM
(27-04-2012, 10:49 AM)FFNow Wrote:(26-04-2012, 11:55 PM)AndrewHW Wrote: According to my understanding: if more than 10% of the shareholders do not accept the offer, Navis would be force to keep Adampak listed. Or, they have to offer a higher price that just needs to get to the 90% tipping point after which they would then exercise the rights under Section 215(1) of the Companies Act to perform a compulsorily acquisition.
However, Navis doesn't want to keep the listing status of Adampak according to the documents. If they can't get 90% approval, they have to up the offer to entice the rest.
There was 3 intentions been declared by Navis in the offer document as well as the press release document.
1. Navis has no intention to revise its Offer Price, except that Navis reserves the right to do so in a competitive situation.
[comment: This is a "no increase statement", restriction applies]
2. Navis does not intend to lift any trading suspension of Adampak shares in the event that less than 10% of Adampak shares (excluding any shares held by Adampak as treasury shares) are held in public hands.
3. Navis intends to make Adampak its wholly-owned subsidiary and does not intend to preserve the listing status of Adampak
[Comment: 2 and 3 show Navis will not put effort to maintain listing status by lifting the trading suspension by SGX]
IMO, The message to take-away is Navis wish to delist Adampak without revising its offer price (i.e. increase its offer price) under non-competitive situation which is likely be.
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