Funds update
October 15 2007 - 3:02AM
UK Regulatory
RNS Number:6878F
Absolute Capital Mgmt Holdings Ltd
15 October 2007
Absolute Capital Management Holdings Limited (the "Company")
Funds Update
The Company is pleased to report that it is making good progress in securing
investor support for the funds' restructuring proposals. The Company confirms
that it has held informal discussion with investors holding approximately 70%
of the shares of those funds proposing to restructure, and has received
indications of support for the proposals from substantially all of those
investors. Meetings and teleconference calls with the balance of fund investors
are being arranged in advance of the circulars' 19 October 2007 return date.
On 3 October 2007, the Company received notice of two petitions filed in the
Grand Court of the Cayman Islands by Mr. John Bruhl, a shareholder in each of
the Absolute European Catalyst Fund Limited and the Absolute Octane Fund
Limited. The petitioner requests, among other things, that the Court order
these funds be wound up and that Krys & Associates Cayman Ltd., Cayman Islands,
be appointed provisional liquidators of the funds. The Absolute European
Catalyst Fund Limited and the Absolute Octane Fund Limited oppose the
petitions. The funds have been successful in having the applications for the
appointment of provisional liquidators adjourned from the originally scheduled
10 October 2007 hearing date to 31 October 2007, at the earliest, pursuant to a
consent order made by the Grand Court of the Cayman Islands on 10 October 2007.
This will provide sufficient time for investors to make their views on the
proposed restructuring known. In opposing the petitions, the funds have the
support of several large investors who have made written submissions to the
Court and/or directed their own Cayman Islands counsel to intervene.
An undertaking to make no modification of the rights of the funds' shareholders
without approval obtained by way of shareholder meetings was agreed by the
Absolute European Catalyst Fund Limited and the Absolute Octane Fund Limited as
a term of the aforementioned consent order deferring the hearing date of the
petitions. On the basis that Absolute European Catalyst Fund Limited and
Absolute Octane Fund Limited receive a sufficient level of investor support to
the proposals, the Company will proceed to requisition extraordinary general
meetings of shareholders of such funds to give formal approval to the
modification of the shareholder rights envisaged in the current restructuring
proposal and the subsequent adoption of amended articles of association
reflecting the terms of the proposed restructuring by the Company. Implementing
the proposed restructuring in this manner will require the sanction of a
resolution of such shareholders holding not less than three quarters of these
funds' participating shares present in person or represented by proxy at the
meetings. The Company anticipates that it will requisition (or, alternatively,
the Directors of the funds might call) meetings of the shareholders of these
funds as well as of the Absolute Return Europe Fund Limited and the Absolute
East West Fund Limited following an assessment of the returns received from
investors on 19 October 2007. Under the funds' articles of association,
meetings of shareholders may be held on seven days' notice, and are likely to
be held prior to 31 October 2007.
The Company anticipates making further announcements concerning the status and
progress of the fund restructuring as circumstances require.
Enquiries:
Absolute Capital Management +34 (971) 765553
Holdings Limited
Jonathan Treacher, CEO
Panmure Gordon 020 7459 3600
Dominic Morley
Cardew Group 020 7930 0777
Tim Robertson
Shan Shan Willenbrock
David Roach
This information is provided by RNS
The company news service from the London Stock Exchange
END
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