Examples of Debt Conversion Shares in a sentence
The Board of Directors of the Company proposes to allot and issue the Debt Conversion Shares in the capital of the Company to settle the Outstanding Amount owing by the Company to Mr Ho Kwok Wai and Mr Mark Francis Bedingham.
The allotment and issue of the Debt Conversion Shares will be made pursuant to a specific mandate and the Company is seeking specific Shareholder’s approval for the allotment and issue of the Debt Conversion Shares in accordance with Rule 805(1) of the Catalist Rules.
Resolution 6 seeks Shareholder approval for the issue of the Debt Conversion Shares under and for the purposes of Listing Rule 10.11.
If Resolution 6 is passed, the Company will be able to proceed with the issue of the Debt Conversion Shares within one month after the date of the Meeting (or such later date as permitted by any ASX waiver or modification of the Listing Rules) in lieu of repaying the Convertible Instrument in cash, enabling the Company to spend a greater proportion of its cash reserves on its operations than it would if the Convertible Instrument was satisfied in cash.
Accordingly, Resolution 6 seeks Shareholder approval for the issue of the Debt Conversion Shares on the terms set out below.
The issue of the Debt Conversion Shares falls within Listing Rule 10.11.4 and does not fall within any of the exceptions in Listing Rule 10.12.
In that case, the Company intends to rely on the ‘3% creep’ exception pursuant to item 8 of section 611 of the Corporations Act, in relation to the increase in Merdeka’s voting power as a result of the issue of the Debt Conversion Shares (the subject of Resolution 6) 2.
As approval pursuant to Listing Rule 7.1 is not required for the issue of the Debt Conversion Shares (because approval is being obtained under Listing Rule 10.11), the issueof the Shares will not use up any of the Company’s 15% annual placement capacity.
The Debt Conversion Shares are to be issued to EFDL to convert the Convertible Instrument.
The material terms of the Tranche 2 Placement Shares and the Debt Conversion Shares are set out in Sections 5.2 and 5.3 respectively.