Bidder's Statement (Cash offer by Atacama Copper) - Antofagasta plc
Bidder's Statement (Cash offer by Atacama Copper) - Antofagasta plc
Bidder's Statement (Cash offer by Atacama Copper) - Antofagasta plc
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Send your Acceptance Form<br />
Send your Acceptance Form and other documents (if any) required <strong>by</strong><br />
the instructions on the Acceptance Form to:<br />
Post:<br />
OR<br />
Delivery:<br />
Closing Date<br />
Key conditions of the Offer<br />
When you will be paid<br />
No brokerage or stamp duty<br />
<strong>Antofagasta</strong> Offer<br />
Link Market Services Limited<br />
GPO Box 2785<br />
MELBOURNE VIC 3001<br />
<strong>Antofagasta</strong> Offer<br />
Link Market Services Limited<br />
Level 4,333 Collins Street<br />
MELBOURNE VICTORIA 3000<br />
The Offer is scheduled to close at 7.00pm Sydney, Australia time on<br />
11 April 2006.<br />
The Offer is subject to the conditions set out in clause 7 of Part 2 of the<br />
<strong>Bidder's</strong> <strong>Statement</strong>. They broadly include:<br />
• <strong>Atacama</strong> acquiring a relevant interest in at least 90% of all<br />
Tethyan Shares;<br />
• all Tethyan Options have been exercised, cancelled or<br />
transferred to <strong>Antofagasta</strong> PLC or <strong>Atacama</strong> or, in the<br />
alternative, <strong>Atacama</strong> being entitled to compulsorily acquire all<br />
options outstanding at the end of the Offer Period;<br />
• all necessary regulatory approvals, including FIRB clearance<br />
and approvals necessary for the transfer of the Regional<br />
Interests (other than RL 7) to Tethyan, being obtained;<br />
• no material adverse change in relation to Tethyan;<br />
• no 'prescribed occurrences' occurring (except for the issue of<br />
Tethyan Shares as a result of the exercise of any Tethyan<br />
Options that are on issue at the Announcement Date or due to a<br />
Permitted Issue);<br />
• no action <strong>by</strong> any public authority adversely affecting the Offer;<br />
• <strong>Atacama</strong> promptly being provided with any due diligence<br />
information in relation to Tethyan provided to another party for<br />
the purpose of facilitating a competing proposal;<br />
• no person being entitled to exercise specified rights on a<br />
change of control of Tethyan;<br />
• no material acquisitions, disposals or commitments <strong>by</strong> Tethyan<br />
and the business of Tethyan being otherwise carried on in the<br />
ordinary course; and<br />
• no agreement <strong>by</strong> Tethyan to pay any break fees to any person<br />
in connection with a competing bid or proposal.<br />
The above is a summary only and full details of all the conditions are<br />
set out in clause 7 of Part 2 of the <strong>Bidder's</strong> <strong>Statement</strong>.<br />
If you accept (and return any document required with your acceptance)<br />
and this Offer becomes or is declared unconditional, a cheque will be<br />
mailed to you <strong>by</strong> the earlier of one month after the Offer becomes<br />
unconditional (or if the Offer was unconditional when you accepted the<br />
Offer, within one month of the date of your acceptance) and 21 days<br />
after the end of the Offer Period.<br />
You will not pay brokerage or stamp duty if you accept the Offer.<br />
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