The Panel has decided to conduct proceedings and has made interim orders in relation to the application by Emerald Capital Limited dated 8 January 2009
The Panel, Elizabeth Alexander (Sitting President), Stephen Creese and Jennifer Seabrook, declined to make a declaration of unacceptable circumstances after accepting an undertaking from CBH to address disclosure issues in BHO's bidder's statement. A supplementary bidder's statement will be dispatched as soon as possible after the audit reviewed financial statements of both CBH and Perilya for the half year ended 31 December 2008 are available and withdrawal rights will be offered to shareholders who accept the bid before then.
The Takeovers Panel today published the reasons for its decision on an application dated 25 November 2008 from Perilya Limited, in relation to its affairs.
The Panel has made a declaration of unacceptable circumstances (Annexure A) and final orders (Annexure B) in relation to an application dated 15 December 2008 by Balron Nominees Pty Ltd in relation to the affairs of Bisalloy Steel Group Limited.
The Panel accepted an undertaking (see annexure) and decided not to make a declaration of unacceptable circumstances in response to an application dated 25 November 2008 from Perilya Limited. The application concerned the scrip takeover offer for Perilya by CBH Resources Limited (See TP08/107).
The Panel has received an application dated 15 December 2008 from Balron Nominees Pty Limited in relation to the affairs of Bisalloy Steel Group Limited. Balron holds a 16.1% interest in Bisalloy, which is conducting a renounceable rights issue to raise approximately $20.9 million, offering 4 new shares for every 5 existing Bisalloy shares.
The Panel, Michael Ashforth (sitting President), Paula Dwyer and Marie McDonald, made a declaration of unacceptable circumstances. Manhattan, bidding for MYOB, entered into understandings with 4 investors which gave it a relevant interest in approximately 34% of MYOB shares. The relevant interest was acquired in contravention of s606 and inhibited an efficient, competitive and informed market for shares in MYOB.