Document ID: chunk:federal_register_of_legislation:C2004A03309:body:0:p3
Version: federal_register_of_legislation:C2004A03309
Segment Type: other
Provision Reference: 
Character Range: 5264–7867

or acceptances of one or more of the offers exceeds a particular number of shares;
(ii) whether the number of offers accepted exceeds a particular number,
however the particular number was, or is to be, determined, whether or not the particular number is specified in the condition and, if the particular number is so specified, however the particular number is expressed; and
(j) without limiting the generality of paragraph (h), none of the offers is subject to a condition (however expressed) that permits the offeror to acquire, or that may result in the offeror acquiring, shares included in the relevant class of shares from some but not all of the persons who accept the respective offers made to the last-mentioned persons."; and
(e) by inserting after sub-section (2) the following sub-sections:
    "(2aa) For the purposes of paragraph (2) (g), where a person has entered into an agreement for the purchase of a share or shares in a company, being an agreement that provides that the price payable for the share or any of the shares is a price (in this sub-section referred to as the 'original price') specified in the agreement but may be varied in accordance with the terms of the agreement, the price agreed to be paid for the share or any of the shares shall be deemed to be the original price.

"(2ab) Upon application by an offeror who proposes to dispatch offers to acquire shares included in a class of shares in a company, the Commission may, by instrument in writing, approve, for the purposes of paragraph (2) (g), a specified amount in relation to the offers.
"(2ac) Where a copy of a Part A statement relating to an offer to acquire shares (whether the offer was made before, or is made at or after, the relevant commencement) was lodged with the Commission before the relevant commencement for registration under sub-section 18 (1), then, notwithstanding the amendments made, and the repeals effected, by sections 4, 5, 6, 8 and 11 of the relevant Act, but subject to sub-section (2ad) of this section—
(a) the provisions of sections 8 and 13, of sub-section (2) of this section, and of sections 25, 25a, 25c and 42, of this Act, being those provisions as in force after the relevant commencement, do not apply; and
(b) the provisions of sections 8 and 13, of sub-section (2) of this section, and of sections 25, 26 and 42, of this Act, being those provisions as in force immediately before the relevant commencement, apply,
in relation to—
(c) an offer to which the Part A statement relates;
(d) a contract resulting from the acceptance of an offer to which the Part A statement