Sequa Petroleum N.V. Bonds Update
July 10 2019 - 9:32AM
Business Wire
Regulatory News:
Sequa Petroleum N.V. (BOURSE:MLSEQ)
Further to its press releases of 15 April 2019, 17 June 2019, 24
June 2019 and 8 July 2019 Sequa Petroleum N.V. (the
“Company”) is taking steps to finalise the restructuring of
the Company’s USD 300,000,000 5.00 per cent convertible bonds due
2020 of which USD 204,400,000 in principal amount remain
outstanding (ISIN: XS1220076779, SEQ01 PRO EC) issued by the
Company in April 2015 (the “Bonds”). On 31 May 2019, the
Company in consultation with bondholders has launched the consent
solicitation regarding the Bonds (as amended on 14 June 2019, 24
June 2019 and 5 July 2019).
The purpose of the amendment to the consent solicitation
memorandum on 8 July 2019 (the “Amendment”) is to clarify
the nature of the ordinary shares in the capital of the Company
which will be issued to the Bondholders if the extraordinary
resolution of the Bondholders is passed. All Bondholders and the
holding period trustee will receive ordinary shares in the form of
registered shares (in Dutch: aandelen op naam) (“Registered
Shares”). The Company is currently not in a position to deliver
newly issued ordinary shares referred to in the previous
announcements in the form of book entry shares (in Dutch: girale
aandelen) with ISIN Code NL0010623518 to the Bondholders but
instead needs to issue the Registered Shares that are to be
delivered in the name of the converting Bondholder. The Bondholders
will then be registered as shareholders in the shareholders
register of the Company which registration will form proof of a
shareholder’s entitlement to its shares. The Company would like to
clarify that an issuance of Registered Shares means that the
Company will not issue any form of physical bearer share
certificates to shareholders (which is prohibited by Dutch law).
All votes received before the date of the Amendment will be
cancelled and the holders will need to vote again in order to
submit a valid voting instruction.
The Registered Shares are first delivered to a converting
Bondholder by a deed of delivery of shares entered into between the
Company and the converting Bondholder. Upon receipt of the duly
signed deed of delivery and the other required information, the
Company will acknowledge the converting Bondholder as its
shareholder and, as evidence thereof, will register the Bondholder
in its register of shareholders. The Company will make available on
its website (https://www.sequa-petroleum.com/) a standard form of
such a deed of delivery. A completed and signed deed of delivery
can be sent to the Company’s email address
(info@sequa-petroleum.com) for acknowledgement by the Company. Any
general enquiries the Bondholders might have in relation to the
completion of the deed of delivery can be submitted to the same
email address. Once issued, the Registered Shares can be
transferred freely by a shareholder by completing and signing a
deed of transfer between the transferor and the transferee and such
share transfer must be acknowledged by the Company in accordance
with Dutch law. The Company will make available on its website
(https://www.sequa-petroleum.com/) a standard form of such a deed
of transfer.
The Company is in the process of engaging a depositary and a
listing agent as soon as possible so that all Registered Shares
could then be transferred to such depositary in exchange for book
entry shares. It remains the objective of the Company that all of
its shares are tradable as book entry shares and are included in
the listing on Euronext Access Paris as book entry shares. The
consent expiration date, the effective date, the settlement date,
the number of ordinary shares for each U.S. Dollar in principal
amount of Bonds and the trust by GLAS Trustees Limited remain
unchanged from previous announcements.
Cautionary notice
This press release may contain information that qualifies as
inside information within the meaning of Article 7(1) of the EU
Market Abuse Regulation. This communication includes
forward-looking statements. All statements other than statements of
historical facts may be forward-looking statements. Words such as
possibly, expected and value accretive or other similar words or
expressions are typically used to identify forward-looking
statements. Forward-looking statements are subject to risks,
uncertainties and other factors that are difficult to predict and
that may cause actual results of the Company to differ materially
from future results expressed or implied by such forward-looking
statements. Such factors include, but are not limited to, risks
relating to the Company’s ability to engage a depositary and a
listing agent, to acquire new opportunities; generate positive cash
flows; general economic conditions; turbulences in the global
credit markets and the economy; geopolitical events; the
possibility to restructure the Bonds and other factors discussed in
the Company’s public filings and other disclosures. Forward-looking
statements reflect the current views of the Company’s management
and assumptions based on information currently available to the
Company’s management. Forward-looking statements speak only as of
the date they are made, and the Company does not assume any
obligation to update such statements, except as required by
law.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20190710005509/en/
Jacob Broekhuijsen, Chief Executive Officer +44 (0)20 3728 4450
or info@sequa-petroleum.com
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