RE: Hole 67 - No. 13 in the world18 Nov 2018 10:48
I think the answer to my question is as follows: control of the company can be achieved by gaining a simple majority i.e in excess of 50%. The compulsory purchase issue is settled when 90% acceptances of an offer has been achieved.
So, how does that impact a potential bidder's approach to our situation?
Let's say RTZ decide they want to buy the company. They may make such a large offer that NM, Blackrock and Cornerstone think it's worth accepting. Ordinary shareholders also agree. However, Newcrest and BHP don't agree to sell and cannot, under the Code, be forced to do so. How does this impact the thinking of a non-shareholder potential bidder? Sure, they could get control of the company, but they would then have to contend with having both NC and BHP as minority shareholders with representatives sitting on the board (until such time as they voted to remove them; which would undoubtedly lead to a legal challenge)
Personally, I cannot see BHP or NC willing to accept an offer from anyone else, no matter how much was on the table. They are simply not here for a quick 100/200/300% return. So, will this structure deter any other bidder? Are we, in effect, wholly reliant upon NC and BHP taking their gloves off and getting into a bidding war?
Thoughts?