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Companies Act, 1973 (Act No. 61 of 1973)

The Securities Regulation Code on Takeovers and Mergers

The Code

Section M. Timing And Revision

Rule 31. Alternative Offers

 

 

31.1) Timing and revision

 

Save with the prior consent of the Panel, the provisions of Rules 28 and 30 apply equally to alternative offers, including cash alternatives.

 

31.2) Reintroduction of alternative offers

 

Where a firm statement has been made that an alternative offer will not be extended or reintroduced and that that alternative offer has ceased to be open for acceptance, neither that alternative, nor any substantially similar alternative, may be reintroduced. Where, however, such a statement has not been made and an alternative offer has closed for acceptance, an offeror will not be precluded from reintroducing that alternative at a later date. Reintroduction would constitute a revision of the offer and would, therefore , be subject to the requirements of, and only be permitted as provided in Rule 30.