RE: Bizarre deal16 May 2019 15:13
Unless I am mistaken, my reading of the takeover code confirms that this takeover can never succeed now that one major shareholder with 15% has declared that it does not support the deal.
To achieve a takeover by compulsory purchase of all shares, the Offeror has to gain support of 90% of shares.
To achieve a takeover by a Scheme of Arrangement, the Offeror has to gain support of 75% of shares at a vote. Any shares owned by the Offeror or its Associates are excluded from the vote. An Associated Company includes any shareholder with control over 20% of the Target Company’s shares.
Since I understand that 50% of shares are owned by Associates, it seems that 15% against the takeover is sufficient for the takeover to fail.
I would be interested to hear how others think it might succeed.