Normandy Mining Limited 01

An application under section 657E of the Corporations Act by AngloGold Limited (AngloGold) for an interim order to restrain dispatch by Normandy Mining Limited (Normandy) of its target’s statement to Normandy shareholders in response to AngloGold’s bid for Normandy. The Panel made interim orders on Thursday, 22 November 2001 restraining dispatch of the target’s statement until 5.00pm Monday, 26 November. The Panel declined to make a declaration of unacceptable circumstances in relation to the disclosures made in Normandy’s target’s statement.

Panel Releases Final Guidance on Lock-Up Devices

The Takeovers Panel advises that it has today released its final policy on Lock-Up devices. The final version follows public consultation on a draft which the Panel released on 2 August. Lock-up devices include Break Fees, No-Shop and No-Talk Agreements, and Asset Lock-up Agreements.

The Director of the Panel, Mr. Nigel Morris, said that the Panel was pleased to have received very positive market response to the draft, and the underlying policy has changed little, although the text has been reworked in some areas to make it more useable, in response to feedback received.

Further Application in Relation to Newmont Bid for Normandy

The Panel advises that it has today received an application by Newmont in relation to the current bid by AngloGold for Normandy. The application relates to AngloGold's announcement yesterday concerning modified handling fees payable to brokers under its bid. The application is for interim and final orders and for a declaration of unacceptable circumstances under section 657A of the Corporations Act.

Application in Relation to Newmont Bid for Normandy

The Panel advises that it has commenced proceedings in an application by AngloGold in relation to the proposed bid by Newmont Mining for Normandy. The application is for a declaration of unacceptable circumstances under section 657A of the Corporations Act.

The Panel has decided to consider whether documents setting out the terms of the Plan of Arrangement, which Newmont and Franco-Nevada announced on 14 November had been agreed between them, should be disclosed to the market and to Normandy shareholders.

Panel Finalises Rules for Proceedings

The Takeovers Panel advises that it has finalised its Rules for Proceedings, and has posted them on its website.

The Panel had been operating on draft Rules while the draft was out for public consultation.

The revised Rules take into account the comments received by interested practitioners and market participants.

The President of the Panel, Mr Simon McKeon, said that he was very pleased with the input from market practitioners, which the Panel considers vitally important to its efficient and effective operation.