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APA APB
APA
ApexHi - Creation of C Units and BEE Transaction
ApexHi Properties Limited
(Incorporated in the Republic of South Africa)
Registration number 1999/000238/06
Share code: APA & ISIN: ZAE000033064
APB & ISIN: ZAE000033072
("ApexHi")
CREATION OF C UNITS AND BEE TRANSACTION
APPROVAL OF THE SCHEME
ApexHi unitholders are referred to the announcement dated 18 September 2006 and
are advised that:
- the scheme of arrangement ("the scheme") in terms of which ApexHi
unitholders will dispose of 30% of the newly created ApexHi C units to
Clearwater Capital (Proprietary) Limited and a broad based black economic
empowerment ownership scheme was sanctioned by the High Court of South
Africa (Witwatersrand Local Division) on Wednesday, 27 September 2006; and
- a certified copy of the Order of Court sanctioning the scheme was
registered with the Registrar of Companies in terms of the Companies Act on
Thursday, 28 September 2006.
Accordingly all the conditions precedent to the creation of the C units and the
scheme have now been fulfilled.
IMPLEMENTATION
The operative date of the scheme will be at the commencement of trading on
Monday, 16 October 2006 and in order to receive:
- the C units and the altered A and B units; and
- the scheme consideration,
ApexHi unitholders must be recorded in ApexHi"s register by close of trading on
Friday, 13 October 2006 (the "record date"). No dematerialisation or
rematerialisation of the current A and B units may take place after Friday, 6
October 2006 being the last day to trade ApexHi units in order to recorded in
ApexHi"s register on the record date.
Dematerialised unitholders will have their accounts (held at their CSDP or
broker) updated with the C units and altered A and B units together with the
scheme consideration on Monday, 16 October 2006.
Certificated unitholders will have certificates for the C units and altered A
and B units posted to them together with the scheme consideration on Monday, 16
October 2006, provided that they have surrendered their existing share
certificates by 12:00 on Friday 13 October 2006 on the basis set out in and
accompanied by the forms of surrender contained in the circular to ApexHi
unitholders dated 25 August 2006 ("the circular"). Failing which the
certificates and the scheme consideration will be posted within 5 business days
after such surrender.
Additional copies of the form of surrender and the circular may be obtained from
Link Market Services South Africa (Proprietary) Limited, 5th Floor, 11 Diagonal
Street, Johannesburg, 2001.
Rosebank
28 September 2006
Corporate advisor, legal advisor and sponsor to ApexHi
Java Capital (Proprietary) Limited
Attorneys to the scheme
Edward Nathan & Friedland Inc.
Date: 28/09/2006 03:21:05 PM Produced by the JSE SENS Department
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