GoldLink Income Plus Limited 04R - Panel Makes Interim Orders

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The President of the Takeovers Panel has made interim orders in relation to the review application by Fortina Pty Ltd dated 23 January 2009. He has stayed the final orders of the initial Panel.

The interim orders are to the effect that Emerald Capital Limited must not deliver any payment due to Fortina under its bid for GoldLink IncomePlus Limited until after the Panel has made a determination in respect of the review application. Fortina, as trustee for numerous separate trusts, lodged acceptances in relation to each trust's holding of GoldLink shares on 4 January 2009.

When Emerald would otherwise be required to pay Fortina, Emerald is required to place all of the funds that would be payable to Fortina in an interest bearing account until the determination of the review application.

As there has been some processing of Fortina's acceptances, Emerald is also restricted in dealing with the GoldLink shares the subject of Fortina's acceptances.

A copy of the interim orders is attached.

Allan Bulman
Director, Takeovers Panel
Level 47, 80 Collins Street
Melbourne, VIC 3000
Ph: +61 3 9655 3597

Corporations Act
Section 657E
Interim Orders

GoldLink IncomePlus Limited 04R

Fortina Pty Ltd made a review application to the Takeovers Panel dated 23 January 2009 in relation to the affairs of GoldLink IncomePlus Limited.

The President of the Takeovers Panel ORDERS that:

  1. the orders of the Takeovers Panel dated 28 January 2008 are stayed
  2. Emerald establish or apply an interest bearing bank account for the sole purpose of carrying out these interim orders
  3. at the time the consideration under its bid is to be paid to Fortina Pty Ltd (on behalf of the 1,912 trusts named Fortina No 2 Trust to Fortina No 1,913 Trust), Emerald deposit in the account the consideration payable to Fortina pursuant to Fortina's acceptance of Emerald's offer in respect of all of the shares in GoldLink held by Fortina
  4. Emerald confirm in writing that it has complied with paragraph 3 as soon as practicable after it has done so
  5. the funds in the account be released by Emerald in accordance with the Panel's determination of the proceedings and
  6. Emerald not:
    1. dispose of any share, or interest in any share, in GoldLink the subject of Fortina's acceptance
    2. exercise any voting or other right attached to any of those shares or
    3. accept any distribution attributable to any of those shares.

These interim orders have effect until the earliest of:

  1. further order of the Takeovers Panel
  2. the determination of the proceedings and
  3. 2 months from the date of these interim orders.

Alan Shaw
with authority of Simon McKeon
President of the Panel
Dated 29 January 2009