Voting instruction forms received as of the consent deadline in relation to the consent solicitation exercise for series 001 S$110,000,000 7.5 per cent. Notes due 2016 (ISIN: SG6TF6000008) (The “notes”) Issues by AusGroup Limited
AusGroup Limited (the “Company” and together with its subsidiaries, the “Group”) refers to the previous announcement on SGXNET dated 27 September 2018 (the “Previous Announcement”) regarding the launch of the Consent Solicitation by the Company in connection with the Notes and the publication of the Notice relating to the meeting of Noteholders convened for 19 October 2018.
Capitalised or other terms used but not defined herein shall, unless the context otherwise requires, have the meanings as set out in the Previous Announcement and the Notice.
The quorum required at the Meeting for the passing of the Extraordinary Resolution is two or more Noteholders or agents present in person holding or representing not less than 75 per cent. of the Notes for the time being outstanding.
As of the Consent Deadline of 5:00 p.m. (Singapore time) on 12 October 2018, the Company has received Voting Instruction Forms containing Voting Instructions with respect to S$59,984,100, representing 82.45 per cent., of the Notes for the time being outstanding. All Noteholders who submitted Voting Instructions have voted in favour of the Extraordinary Resolution. Of the 249 Notes for which Voting Instructions have been received, 235 Notes have elected for the Cash Instalment Option, and 14 Notes have elected for the Equity Redemption Option.
Noteholders who have not submitted Voting Instruction Forms may do so until the Expiration Time of 10:00 a.m. (Singapore time) on 17 October 2018. However, because the Consent Deadline has expired, such Noteholders will no longer be eligible to receive the Consent Fee, even if they provide Voting Instructions to vote in favour of the Extraordinary Resolution.
Questions or requests for assistance in connection with voting at the Meeting and/or the submission or delivery of Voting Instructions may be directed to the Meeting Agent during normal office hours (as specified above) at its address, e-mail address and telephone number set forth on the back cover of the Consent Solicitation Statement.
Shareholders of the Company who are not otherwise Noteholders will not be eligible to attend or vote at the Consent Solicitation either in person or by proxy.
Shareholders are advised to exercise caution in trading their Shares and Noteholders are advised to exercise caution in trading their Notes. There is no certainty or assurance as at the date of this announcement that the waivers will be obtained by the Company. The Company will make further announcements as appropriate or when there are further developments. Shareholders and Noteholders are advised to read this announcement and any further announcements by the Company carefully. Shareholders and Noteholders should consult their stockbrokers, bank managers, solicitors or other professional advisors if they have any doubt about the actions they should take.
By Order of the Board
Eng Chiaw Koon
15 October 2018