| Mon 7 Jul 2008, 8:55 | | ANG - Anglogold Ashanti - Results of rights offer |
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ANG
ANANO
ANG - Anglogold Ashanti - Results of rights offer
AngloGold Ashanti Limited
Incorporated in the Republic of South Africa
Registration Number: 1944/017354/06)
ISIN Number:ZAE000043485
JSE Share Code: ANG
("AngloGold Ashanti/Company")
This is not an offer for the sale of securities. Not for release or
distribution in or into the United States
RESULTS OF RIGHTS OFFER
Further to the announcement dated 23 May 2008, AngloGold Ashanti shareholders
are advised that the results of the renounceable rights offer of 69,470,442 new
ordinary shares of 25 cents each ("rights offer shares") to AngloGold Ashanti
ordinary and E ordinary shareholders ("AngloGold Ashanti shareholders") at a
subscription price of ZAR194.00 per rights offer share and in the ratio of
24.6403 rights offer shares for every 100 AngloGold Ashanti shares held on the
record date of the rights offer, which closed on Friday, 4 July 2008 ("the
rights offer"), are as follows:
AngloGold Ashanti shareholders and their renouncees subscribed for
468,573,856 rights offer shares, equivalent to 674.5% of the total number of
rights offer shares.
The following applications were received:
68,105,143 rights offer shares in respect of rights entitlements subscribed
for, being 98.0% of the rights offer shares; and
400,468,713 rights offer shares in respect of holders of rights wishing to
acquire rights offer shares in addition to their rights entitlements ("excess
applications"), being 576.5% of the rights offer shares.
The allocation of rights offer shares in respect of excess applications will
be equitable and will take cognisance of the number of AngloGold Ashanti shares
held by each applicant prior to such allocation and the number of rights offer
shares for which application was made by such applicant.
Due to the fact that the rights offer was fully subscribed after taking into
account the excess applications received, the underwriters will not be allocated
any rights offer shares.
Share certificates will be posted to certificated shareholders and their
renouncees and the custody accounts of dematerialised shareholders and their
renouncees, who have followed their rights, will be updated and their accounts
credited at their CSDP or broker on Monday, 7 July 2008.
The excess applications are expected to be allocated to shareholders or their
renouncees on Friday, 11 July 2008.
Cheques refunding monies in respect of unsuccessful excess applications are
expected to be posted to the relevant applicants, at their risk, on or about
Tuesday, 8 July 2008. No interest will be paid on monies received in respect of
unsuccessful applications.
Johannesburg
7 July 2008
Financial adviser: UBS Limited
Underwriters and bookrunners: Goldman Sachs International and UBS Limited
Underwriter and lead manager: Morgan Stanley & Co. International plc
Underwriter and co-manager: J.P. Morgan Securities Ltd.
South African legal advisers: Taback and Associates (Pty) Limited
United States of America and United Kingdom legal advisers: Shearman &
Sterling LLP
Australian legal advisers: Allens Arthur Robinson
Ghanaian legal advisers: JLD&MB Legal Consultancy
Underwriters` South African legal advisers: Bowman Gilfillan Inc.
Underwriters` United States of America legal advisers: Davis Polk &
Wardwell
Reporting accountants and auditors: Ernst & Young Inc
JSE Independent transaction sponsor: The Standard Bank of South Africa
Limited
JSE sponsor: UBS South Africa (Pty) Limited
Ghanaian sponsoring broker: Merban Stockbrokers Limited
Goldman Sachs International, Morgan Stanley & Co. International plc and J.P.
Morgan Securities Ltd., which are regulated in the United Kingdom by the
Financial Services Authority, are acting for AngloGold Ashanti and no-one else
in connection with the rights offer and will not be responsible to anyone other
than AngloGold Ashanti for providing the protections afforded to clients of
Goldman Sachs International, Morgan Stanley & Co. International plc and J.P.
Morgan Securities Ltd. nor for providing advice in connection with the rights
offer. UBS Limited is acting for AngloGold Ashanti and no-one else in connection
with the rights offer and will not be responsible to anyone other than AngloGold
Ashanti for providing the protections afforded to clients of UBS Limited nor for
providing advice in connection with the rights offer.
This announcement shall not constitute an offer to sell or the solicitation
of an offer to buy securities, nor shall there be any sale of the securities
described herein, in any jurisdiction, including the United States, in which
such offer, solicitation or sale would be unlawful prior to registration or
qualification under the securities laws of such jurisdiction.
AngloGold Ashanti has filed a registration statement in the United States
under the Securities Act of 1933, as amended, in connection with the offer and
sale of the securities described herein and such securities were registered for
offer and sale in the United States. Any public offering of securities has been
made in the United States by means of a prospectus and a related prospectus
supplement that form part of this registration statement and that contain
detailed information about AngloGold Ashanti and its management, as well as
financial statements. Such prospectus may be obtained from AngloGold Ashanti at
76 Jeppe Street, Newtown, Johannesburg, South Africa.
The rights offer described in this announcement was only addressed to and
directed at persons in member states of the European Economic Area, or EEA, who
are "Qualified Investors" within the meaning of Article 2(1)(e) of the
Prospectus Directive. In addition, in the United Kingdom, the rights offering
was only addressed to and directed at (1) Qualified Investors these being
investment professionals falling within Article 19(5) of the Financial Services
and Markets Act 2000 (Financial Promotion) Order 2005 (the "Order") and high
net worth entities falling within Article 49(2)(a)-(d) of the Order or (2)
persons to whom it was otherwise lawfully communicated (all such persons
together being referred to as "Relevant Persons"). The new shares are only
available to, and any invitation, offer or agreement to subscribe, purchase or
otherwise acquire such securities has only been engaged with, (1) in the United
Kingdom, Relevant Persons and (2) in any member state of the EEA other than the
United Kingdom, Qualified Investors. In addition, due to restrictions under
securities laws, the rights offer was not available to persons who are residents
in Japan. The rights offer was not addressed to, or directed at, holders of
AngloGold Ashanti GhDSs in Ghana or holders of AngloGold Ashanti CDIs resident
outside Australia.
This announcement includes "forward-looking information" within the meaning
of Section 27A of the Securities Act, and Section 21E of the Securities Exchange
Act of 1934, as amended. All statements other than statements of historical
fact are, or may be deemed to be, forward-looking statements, including, without
limitation those concerning: AngloGold Ashanti`s strategy to reduce its gold
hedging position, including the extent and effect of the reduction; the economic
outlook for the gold mining industry; expectations regarding gold prices,
production, costs and other operating results; growth prospects and outlook of
AngloGold Ashanti`s operations, individually or in the aggregate, including the
completion and commencement of commercial operations at AngloGold Ashanti`s
exploration and production projects and the completion of acquisitions and
dispositions; AngloGold Ashanti`s liquidity and capital resources and
expenditure; and the outcome and consequences of any pending litigation
proceedings. These forward-looking statements are not based on historical
facts, but rather reflect AngloGold Ashanti`s current expectations concerning
future results and events and generally may be identified by the use of forward-
looking words or phrases such as "believe", "aim", "expect", "anticipate",
"intend", "foresee", "forecast", "likely", "should", "planned", "may",
"estimated", "potential" or other similar words and phrases. Similarly,
statements that describe AngloGold Ashanti`s objectives, plans or goals are or
may be forward-looking statements.
These forward-looking statements involve known and unknown risks,
uncertainties and other factors that may cause the AngloGold Ashanti`s actual
results, performance or achievements to differ materially from the anticipated
results, performance or achievements expressed or implied by these forward-
looking statements. Although AngloGold Ashanti believes that the expectations
reflected in these forward-looking statements are reasonable, no assurance can
be given that such expectations will prove to have been correct.
For a discussion of such risk factors, shareholders should refer to the
annual report on Form 20-F for the year ended 31 December 2007, which was filed
with the Securities and Exchange Commission on 19 May 2008 and, when available,
the rights offer circular. These factors are not necessarily all of the
important factors that could cause AngloGold Ashanti`s actual results to differ
materially from those expressed in any forward-looking statements. Other
unknown or unpredictable factors could also have material adverse effects on
future results.
Queries
South Africa:
Himesh Persotam (Investor Relations) Tel: +27 (0) 11 637-6647
Mobile: +27 (0) 82 339 3890 E-mail: hpersotam@AngloGoldAshanti.com
Alan Fine (Media) Tel: +27 (0) 11 637-6383 Mobile: +27 (0) 83 250 0757
E-mail: afine@AngloGoldAshanti.com
Joanne Jones (Media) Tel: +27 (0) 11 637- 6813 Mobile : +27 (0) 82 896 0306
E-mail: jjones@AngloGoldAshanti.com
Date: 07/07/2008 08:55:01 Produced by the JSE SENS Department.
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