New Frontier Health Corporation Announces Shareholders’ Approval of Merger Agreement and Warrantholders’ Approval of Warrant Amendment
January 07 2022 - 6:00AM
Business Wire
New Frontier Health Corporation (“NFH” or the “Company”) (NYSE:
NFH), operator of the premium healthcare services provider United
Family Healthcare, today announced that, at an extraordinary
general meeting (the “EGM”) held today, the Company’s shareholders
voted in favor of the proposal to authorize and approve the
previously announced agreement and plan of merger, dated as of
August 4, 2021 (the “Merger Agreement”), among the Company, Unicorn
II Holdings Limited (“HoldCo”), Unicorn II Parent Limited
(“Parent”) and Unicorn II Merger Sub Limited (“Merger Sub”),
pursuant to which, Merger Sub will be merged with and into the
Company with the Company continuing as the surviving company and
becoming a wholly owned subsidiary of Parent (the “Merger”), the
plan of merger (the “Plan of Merger”) required to be filed with the
Registrar of Companies of the Cayman Islands, and the transactions
contemplated thereby, including the Merger.
Approximately 78.27% of the Company’s total ordinary shares
outstanding as of the close of business in the Cayman Islands on
the record date of December 6, 2021 voted in person or by proxy at
the EGM. Of the ordinary shares voted at the EGM, approximately
99.85% voted in favor of the proposal to authorize and approve the
Merger Agreement, the Plan of Merger and the transactions
contemplated thereby, including the Merger. The Merger Agreement,
the Plan of Merger and the transactions contemplated thereby,
including the Merger, were therefore duly authorized and approved
by way of special resolutions as required by, and in compliance
with, the Companies Act of the Cayman Islands (the “Companies
Act”).
The Company also announced today that it has obtained sufficient
consents from warrantholders of the Company to effect the Warrant
Amendment (as defined in the Merger Agreement) in connection with
the Merger. As of 10:00 a.m. (Beijing time) on January 6, 2022, the
warrantholder consent deadline, holders of approximately 95.60% of
the outstanding Public Warrants and Forward Purchase Warrants (each
as defined in the Merger Agreement) and 100% of the outstanding
Private Placement Warrants (as defined in the Merger Agreement) had
granted and not revoked their consents for the Warrant Amendment.
Upon receipt of such consents, the Company executed the Warrant
Amendment with Continental Stock Transfer & Trust Company, the
warrant agent.
The completion of the Merger is subject to the satisfaction or
waiver of the closing conditions set forth in the Merger Agreement.
One of the conditions to the obligations of HoldCo, Parent and
Merger Sub to consummate the Merger is that holders of no more than
10% of the total issued and outstanding shares of the Company
immediately prior to the effective time of the Merger have validly
served and not withdrawn a written notice of objection under
Section 238(2) of the Companies Act. Prior to the vote being taken
at the EGM, the Company had received notices of objection from
certain shareholders that in the aggregate hold more than 10% of
the total issued and outstanding shares of the Company and such
notices have not been withdrawn as of today. Therefore, this
closing condition has not been satisfied and HoldCo, Parent and
Merger Sub are not obligated to proceed with the consummation of
the Merger unless HoldCo elects to waive this closing condition or
a sufficient number of notices of objection are withdrawn such that
this closing condition becomes satisfied.
If consummated, the Merger would result in the Company becoming
a privately held company and its ordinary shares and warrants would
no longer be listed on the New York Stock Exchange. In addition,
the Company’s ordinary shares and warrants would cease to be
registered under Section 12 of the Securities Exchange Act of 1934
following the consummation of the Merger.
About New Frontier Health Corporation
New Frontier Health Corporation (NYSE: NFH) is the operator of
United Family Healthcare (UFH), a leading private healthcare
provider offering comprehensive premium healthcare services in
China through a network of private hospitals and affiliated
ambulatory clinics. UFH currently has nine hospitals in operation
or under construction in all four tier 1 cities and selected tier 2
cities. Additional information may be found at www.nfh.com.cn.
Forward-Looking Statements
Certain statements made in this release are “forward looking
statements” within the meaning of the “safe harbor” provisions of
the United States Private Securities Litigation Reform Act of 1995.
When used in this press release, the words “estimates,”
“projected,” “expects,” “anticipates,” “forecasts,” “plans,”
“intends,” “believes,” “seeks,” “may,” “will,” “should,” “future,”
“propose” and variations of these words or similar expressions (or
the negative versions of such words or expressions) are intended to
identify forward-looking statements. These forward-looking
statements include, without limitation, the possibility that the
Merger will not occur as planned if events arise that result in the
termination of the Merger Agreement, if the expected financing for
the Merger is not available for any reason, or if one or more of
the various closing conditions to the Merger are not satisfied or
waived, and other risks and uncertainties regarding the Merger
Agreement and the Merger discussed in the Schedule 13E-3
transaction statement and the proxy and consent solicitation
statement filed by the Company and certain other filing persons
with the SEC. These forward-looking statements are not guarantees
of future results and involve a number of known and unknown risks,
uncertainties, assumptions and other important factors, many of
which are outside NFH’s control, that could cause actual results or
outcomes to differ materially from those discussed in the
forward-looking statements. NFH undertakes no obligation to update
or revise any forward-looking statements, whether as a result of
new information, future events or otherwise, except as required by
law.
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version on businesswire.com: https://www.businesswire.com/news/home/20220107005144/en/
Investors Arthur, Yue Chen Tel: +86-150-0500-3258 Email:
arthur@new-frontier.com
ICR, LLC William Zima Tel: +1-203-682-8200 Email:
bill.zima@icrinc.com
Media Wenjing Liu Tel: +86-10-5927-7342 Email:
liu.wenjing@ufh.com.cn
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