Document ID: chunk:federal_register_of_legislation:C2004A02380:body:0:p3
Version: federal_register_of_legislation:C2004A02380
Segment Type: other
Provision Reference: 
Character Range: 4943–7672

addition to the shares, stock or debentures;
     (c) where shares are so specified—by increasing the number of those shares;
     (d) where stock is so specified—by increasing the amount of that stock;

     (e) where debentures are so specified—by increasing the rate of interest payable under those debentures;
     (f) where debentures are so specified—by increasing the amount of those debentures;
     (g) where an option to acquire unissued shares is so specified—by varying that option so as to increase the number of unissued shares that may be acquired under that option.

"(5) Where the consideration specified in an offer under a take-over scheme as the consideration for the acquisition of the shares to which the offer relates is varied under sub-section (4)—
     (a) if another offer under the take-over scheme has been accepted before the variation, the contract resulting from the acceptance of that other offer shall be deemed to be varied so that the consideration under the contract is the consideration that would have been specified in that other offer if a corresponding variation had been made to that other offer before it was accepted; and
     (b) if the consideration under the contract referred to in paragraph (a) has already been received, the offeree is entitled to receive the additional consideration forthwith.

"(6) An offeror may vary an offer under a take-over scheme in which the consideration specified does not include a cash sum or does not consist solely of a cash sum by offering as an alternative consideration to the consideration specified in the offer a consideration that consists solely of a cash sum.

"(7) Where an offer under a take-over scheme is varied under sub-section (6) so as to offer a cash sum as an alternative consideration and another offer under the take-over scheme was accepted before the variation—
     (a) the contract resulting from the acceptance of that other offer shall be deemed to be varied so as to confer on the person who accepted that other offer the right, by notice in writing given to the offeror within the time mentioned in paragraph (b), to elect to accept the cash sum in lieu of the consideration that was specified in that other offer;
     (b) the offeror shall forthwith dispatch to the person who accepted that other offer a notice in writing informing that person that he may, within one month after receipt of the notice, give notice in writing to the offeror stating that he elects to accept the cash sum in lieu of the consideration that was specified in that other offer; and
     (c) if the consideration under the contract referred to in paragraph (a) was received by the person who accepted that other offer before he received