Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p178
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 178/212)
Character Range: 464276–466935

of the proposed offers, or under the proposed agreement, as the case may be, is to be provided for the buy-back of the shares to which the offer or agreement relates:

     (c) the amount of money (if any), and the non-cash consideration (if any), that under each of the proposed offers, or under the proposed agreement, as the case may be, is or are to be provided:

         (i) as the consideration for each share to which that offer or the proposed agreement relates; or

         (ii) as the consideration for each such share if the offeree or seller chooses that alternative;

     as the case may be; and

  (d) an amount that it is reasonable to expect will be, if:

         (i) all the proposed offers are made and accepted, all resulting agreements are completed and, if paragraph (b) applies, all offerees choose that alternative; or

         (ii) the proposed agreement is entered into and completed and, if paragraph (b) applies, the seller chooses that alternative;

     as the case may be, the greatest total of:

         (iii) the amounts (if any) that the company will have paid for the buy-backs made under the buy-back scheme, or for the buy-back constituted by the agreement, as the case may be; and

         (iv) the money value, as at the time when the last of those buy-backs, or that buy-back, as the case may be, is completed, of the non-cash consideration (if any) that the company will have provided for the buy-backs or buy-back.

SCHEDULE 5—continued

"(3) If paragraph (1) (a) applies, the notice must state whether or not there are, at the time when it is prepared, partly-paid shares in the company that are in the same class as the shares to which the proposed offers relate and, if there are, the notice must set out:

  (a) how many such partly-paid shares there are at that time; and

     (b) the total of all amounts (including amounts of premium) that at that time remain unpaid on such partly-paid shares.

  "(4) If paragraph (1) (b) applies, the notice must set out:

     (a) how many of the shares to which the proposed agreement relates are partly-paid shares at the time when the notice is prepared; and

     (b) the total of all amounts (including amounts of premium) that at that time remain unpaid on the first-mentioned shares.

"(5) The notice must set out the effect of section 206ld as it applies in relation to the proposed buy-back scheme or proposed buy-back, as the case may be.

Newspapers in which advertisement to be published

"206lc. A notice relating to a proposed buy-back scheme or buy-back is published in accordance with this section if, and only if, a copy of the notice is published: