Document ID: chunk:federal_register_of_legislation:F2016L00334:body:0:p5
Version: federal_register_of_legislation:F2016L00334
Segment Type: other
Provision Reference: 
Character Range: 10062–12885

the rights issue; or
                     (B) the offer is made on the condition that the securities to which the offer relates may only be issued to the person where an offer of the securities has first been made to, but not accepted by, another person under the rights issue;
                  (ii) the offer is made to persons to whom offers were made under the rights issue;
                  (iii) the offer is made no later than 2 months after the first offer is made under the rights issue;
Note: Nothing in this paragraph:
                     (a) prevents an offer being made to a person other than a person mentioned in subparagraph (ii) and which does not need disclosure under this Part; or
                     (b) implies that a particular process must be carried out in making any such offer.
              (b) an offer made to a holder of securities (convertible securities) that are convertible, whether or not at the option of the holder, into securities in the class offered under the rights issue where:
                  (i) the terms (the convertible terms) of, or the rights (the convertible terms) attaching to, the convertible securities require the offer to be made to the holder (other than a holder with a registered address in a place outside Australia or New Zealand to whom the body decides that it is unreasonable to offer securities);
                  (ii)  each holder:
                     (A) to whom the body is required to make an offer under the convertible terms; and
                     (B) with a registered address in a place outside Australia or New Zealand and to whom the body decides offers will be made,
                  is made such an offer; and
                  (iii) the number of securities offered to each holder is no greater than the number of securities that would have been required to be offered to the holder if all of those convertible securities had been converted into securities in the class being offered under the rights issue immediately before the date (the record date) on which a person needs to be recorded on the register of members in order to receive an offer under that issue.
           (14) For the purposes of paragraph (13)(a), a reference to accepting an offer of securities includes a reference to making an application for the securities.
           (15) For the purposes of paragraph (13)(b), if under the convertible terms the price at which the securities are traded on a prescribed financial market is relevant to determining the number of securities that are to be issued on the conversion of the convertible security, then the number is to be determined by reference to the price at which the securities were traded:
              (a) where under the convertible terms the relevant price is to be determined by reference to trading