Molopo Energy Limited 03R & 04R – Undertakings [16/06/2017] The Takeovers Panel

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TP17/30
Friday, 16 June 2017

Molopo Energy Limited 03R & 04R – Undertakings

The Panel has accepted undertakings from Keybridge Capital Limited and Aurora Funds Management Limited in relation to the applications dated 1 June 2017 by each of Keybridge Capital Limited and Molopo Energy Limited seeking a review of the initial Panel’s decision in Molopo Energy Limited 01 & 02 (see TP16/27).

The effect of the undertakings is that neither Keybridge nor Aurora will dispose of or acquire any shares in Molopo without the Panel being given two clear business days’ notice of any such proposed disposal or acquisition.

The undertakings preserve the status quo and are not an indication of the merits of either review application.

Copies of the undertakings are attached.

Allan Bulman
Director, Takeovers Panel
Level 10, 63 Exhibition Street
Melbourne VIC 3000
Ph: +61 3 9655 3597
allan.bulman@takeovers.gov.au


AUSTRALIAN SECURITIES AND
INVESTMENTS COMMISSION ACT 2001 (CTH) SECTION 201A
UNDERTAKING

MOLOPO ENERGY LIMITED 03R

Keybridge undertakes to the review Panel that, without the review Panel’s consent, it will not, and will procure that each of its associates does not, dispose of, acquire, transfer, charge or otherwise deal with shares in Molopo without providing the review Panel with at least two (2) clear business days’ notice in advance of any such proposed dealing.

This undertaking continues until the conclusion of the review Panel’s proceedings. Keybridge agrees to confirm in writing to the review Panel when it has satisfied its obligations under this undertaking.

In this undertaking the following terms have the corresponding meaning:

Keybridge
Keybridge Capital Limited (ACN 088 267 190)
Molopo
Molopo Energy Limited (ACN 003 152 154)

Signed by David Sanders of Bennett + Co
with the authority, and on behalf, of Keybridge Capital Limited

Dated: 15 June 2017


AUSTRALIAN SECURITIES AND
INVESTMENTS COMMISSION ACT 2001 (CTH) SECTION 201A
UNDERTAKING

MOLOPO ENERGY LIMITED 04R

Keybridge undertakes to the review Panel that, without the review Panel’s consent, it will not, and will procure that each of its associates does not, dispose of, acquire, transfer, charge or otherwise deal with shares in Molopo without providing the review Panel with at least two (2) clear business days’ notice in advance of any such proposed dealing.

This undertaking continues until the conclusion of the review Panel’s proceedings. Keybridge agrees to confirm in writing to the review Panel when it has satisfied its obligations under this undertaking.

In this undertaking the following terms have the corresponding meaning:

Keybridge
Keybridge Capital Limited (ACN 088 267 190)
Molopo
Molopo Energy Limited (ACN 003 152 154)

Signed by David Sanders of Bennett + Co
with the authority, and on behalf, of Keybridge Capital Limited

Dated: 15 June 2017


AUSTRALIAN SECURITIES AND
INVESTMENTS COMMISSION ACT 2001 (CTH) SECTION 201A
UNDERTAKING

MOLOPO ENERGY LIMITED 03R

Aurora undertakes to the review Panel that, without the review Panel’s consent, it will not, and will procure that each of its associates does not, dispose of, acquire, transfer, charge or otherwise deal with shares in Molopo without providing the review Panel with at least two (2) clear business days’ notice in advance of any such proposed dealing.

This undertaking continues until the conclusion of the review Panel’s proceedings. Aurora agrees to confirm in writing to the review Panel when it has satisfied its obligations under this undertaking.

In this undertaking the following terms have the corresponding meaning:

Aurora
Aurora Funds Management Limited (ACN 092 626 885), including in its capacity as responsible entity for the Aurora Fortitude Absolute Return Fund (ARSN 145 894 800) and Aurora Global Income Trust (ARSN 127 692 406)
Molopo
Molopo Energy Limited (ACN 003 152 154)

Signed by Alasdair McLean of Norton Gledhill
with the authority, and on behalf, of Aurora Funds Management Limited, including in its capacity as responsible entity for the Aurora Fortitude Absolute Return Fund and Aurora Global Income Trust

Dated: 15 June 2017


AUSTRALIAN SECURITIES AND
INVESTMENTS COMMISSION ACT 2001 (CTH) SECTION 201A
UNDERTAKING

MOLOPO ENERGY LIMITED 04R

Aurora undertakes to the review Panel that, without the review Panel’s consent, it will not, and will procure that each of its associates does not, dispose of, acquire, transfer, charge or otherwise deal with shares in Molopo without providing the review Panel with at least two (2) clear business days’ notice in advance of any such proposed dealing.

This undertaking continues until the conclusion of the review Panel’s proceedings. Aurora agrees to confirm in writing to the review Panel when it has satisfied its obligations under this undertaking.

In this undertaking the following terms have the corresponding meaning:

Aurora
Aurora Funds Management Limited (ACN 092 626 885), including in its capacity as responsible entity for the Aurora Fortitude Absolute Return Fund (ARSN 145 894 800) and Aurora Global Income Trust (ARSN 127 692 406)
Molopo
Molopo Energy Limited (ACN 003 152 154)

Signed by Alasdair McLean of Norton Gledhill
with the authority, and on behalf, of Aurora Funds Management Limited, including in its capacity as responsible entity for the Aurora Fortitude Absolute Return Fund and Aurora Global Income Trust

Dated: 15 June 2017