The Panel has declined to conduct proceedings on an application dated 3 March 2022 from BGH Capital Pty Ltd in its capacity as manager or adviser to each of the constituent entities of the BGH Capital Fund I (BGH) in relation to the affairs of Virtus Health Limited (ASX: VRT) (Virtus).
Virtus is the subject of competing control proposals made by BGH and CapVest Partners LLP (CapVest) (see TP22/17).
The Panel has accepted an undertaking from Emerald Resources NL (ASX:EMR) in relation to the application dated 28 February 2022 by Hongkong Xinhe International Investment Company Limited (see TP22/16).
A copy of the undertaking is attached.
Allan Bulman
Chief Executive, Takeovers Panel
Level 16, 530 Collins Street
Melbourne VIC 3000
Ph: +61 3 9655 3500
takeovers@takeovers.gov.au
The Panel has declined to conduct proceedings on an application from Olary Holdings Limited in relation to the affairs of Lincoln Minerals Limited (LML) (see TP22/13) after accepting an undertaking from LML.
The Panel received an application from WAM Active Limited on 15 September 2021 to vary the orders made in Keybridge Capital Limited 04, 05 & 06 (see TP20/24).
The Takeovers Panel notes the announcement by the Treasurer of the reappointment of 13 members and the appointment of 4 new members to the Panel for terms of 3 years, effective 8 March 2022.
Mr Alex Cartel has been reappointed as President and a member of the Panel.
The following members have been appointed: Mr James Burchnall, Mr Alberto Colla, Mr Timothy Longstaff and Mrs Deborah Page AM. The President and the Panel executive warmly welcome the new members.
The Panel has received an application from BGH Capital Pty Ltd in its capacity as manager or adviser to each of the constituent entities of the BGH Capital Fund I (BGH) in relation to Virtus Health Limited (ASX: VRT) (Virtus). Virtus is the subject of competing control proposals made by BGH and CapVest Partners LLP (CapVest).
Details of the application, as submitted by the applicant, are below.
The Panel has received an application from Hongkong Xinhe International Investment Company Limited in relation to the affairs of Bullseye Mining Limited. Bullseye is currently the subject of takeover bids by Emerald Resources NL (ASX: EMR) and Au Xingao Investment Pty Ltd.
Details of the application, as submitted by the applicant, are below.
A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.
The Panel has made a declaration of unacceptable circumstances (Annexure A) and final orders (Annexure B) in relation to an application dated 2 February 2022 by BGH Capital Pty Ltd in its capacity as manager or adviser to each of the constituent entities of the BGH Capital Fund I (BGH) in relation to the affairs of Virtus Health Limited (ASX: VRT) (Virtus) (see TP22/10).
On an application from Nex Metals Explorations Ltd, the Panel has made a further variation to its additional orders (which were varied on 21 January 2022) made in Nex Metals Explorations Ltd 02 (see TP21/48 and TP22/08). Nex Metals is currently the subject of an off-market scrip takeover bid from Metalicity Ltd.
The Panel has received an application from Olary Holdings Limited in relation to the affairs of Lincoln Minerals Limited (LML). The application concerns, among other things, the proposed issue by LML of shares on conversion of convertible notes to its major shareholder.
Details of the application, as submitted by the applicant, are below.
A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.