RE: Survival20 Sep 2020 11:31
"Devon thank you!"
Pre-emption rights are a central part of UK governenance concerning shareholding. It's well covered in the Company Act..it's actually a really important piece of protection for private shareholders, but it doesn't stop them calling an EGM for the next stage of this ( as I understand it) and asking for the powers for disapplying pre-emption rights. I believe in exceptional circumstance, like in the face of insolvency, they can take that right without reference to shareholders. It's a way of protecting creditors against disgruntled, dissenting shareholders. If I was them, I'd ask for powers to disapply pre-emption rights so I could do a placing straight after the AGM. You'd need to do an analyses of the share register to see how thpractical (and desirable) that was, have a view of the pre-book building and seek legal advice. I'm not a corporate laywer! It's just after months of this dragging on, I'd want to have the cash as quickly as possible and a placing is faster, as far as I'm aware , and with less risk. Just think what would happen if you couldn't get the Rights Issue away when you could get the placing away before you've even undertaken the book building proper. As I've said, that's only my opinion. Anything is possible and I could easily be very, very wrong. I didn't do much work on this, 0.3% of my portfolio, so I was happy to take a punt of a 50% YTM and, as far I checked, assests, excluding intangibles, roughly equal asset to the debt liabiltiy. That would have deteriorated since the last set of figures I used. So, I just don't know. I just wouldn't bank on it. My guess, without seeing the Pre-Emption Group’s Statement of Principles, is they are obliged to offer them, unless they ask for the power to disapply them which I would, if you could. Hope that all makes sense.