Results of General Meeting: Harmony Shareholders Approve the Resolutions In Relation to the Proposed Merger With Gold Fields
November 12 2004 - 9:34AM
PR Newswire (US)
Results of General Meeting: Harmony Shareholders Approve the
Resolutions In Relation to the Proposed Merger With Gold Fields
JOHANNESBURG, South Africa, Nov. 12 /PRNewswire-FirstCall/ --
Harmony Gold (NYSE: "HMY"; JSE: "HAR") is pleased to announce that,
at the general meeting of Harmony shareholders held today, the
overwhelming majority of Harmony shareholders voted in favour of
the resolutions to implement Harmony's proposed merger with Gold
Fields Limited ("Gold Fields") (NYSE: "GFI"; JSE: "GFI"). In total,
85.0% of Harmony shareholders voted at the meeting, of which 87.7%
voted in favour and only 11.4% voted against the proposed merger.
Harmony has received a discretionary proxy in respect of
approximately 67 million Harmony shares held under Harmony's
American Depositary Receipt program. These shares have been voted
in favour of all of the resolutions proposed at the general
meeting. Even if these shares were not voted in favour of the
resolutions, sufficient Harmony shareholders, approximately 83.7%,
voted in favour to ensure that all resolutions were duly passed.
The special resolution is being lodged with the Registrar of
Companies for registration. "We would like to thank our
shareholders for approving the proposed merger and for their
continued support. Our shareholders have endorsed our vision of
creating a highly profitable South African champion which, from the
outset, will be the largest gold producer in the world with the
ability to compete successfully internationally. I am convinced
that, by applying Harmony's superior and proven operational
efficiency to Gold Fields' assets, we will build an exciting
platform to create substantial value for both Harmony and Gold
Fields shareholders. Harmony shareholders have clearly recognised
this potential value and have demonstrated their overwhelming
support for the proposed merger. We are confident that Gold Fields
shareholders, who will hold approximately 66% of the enlarged group
and therefore benefit substantially from the value unlocked by this
transaction, will do likewise," said CE Bernard Swanepoel. The
following are the salient dates in relation to Harmony's offers for
Gold Fields' entire issued share capital. Last day to trade on the
JSE to be eligible to participate in the early settlement offer:
Friday, 19 November Shares trade ex the right to participate in the
early settlement offer: Monday, 22 November Early settlement offer
closing date: Friday, 26 November Announcement of the results of
the early settlement offer on or about: Monday, 29 November
Subsequent offer opens: Monday, 29 November Gold Fields general
meeting: Tuesday, 7 December Anticipated date of the Competition
Tribunal finding regarding the proposed merger: Tuesday, 18 January
Anticipated date for the finalisation date announcement, once all
conditions precedent have been fulfilled and the subsequent offer
has become unconditional as to acceptances: Tuesday, 18 January
Anticipated date for the last day to trade on the JSE to be
eligible to participate in the subsequent offer: Friday, 28 January
Anticipated subsequent offer closing date: Friday, 4 February Note:
With the exception of the Gold Fields general meeting and the
anticipated date of the Competition Tribunal finding regarding the
proposed merger, the dates set out above are subject to change at
Harmony's sole discretion and the approval of the requisite
regulatory authorities. Any such change will be announced on SENS
and published in the press. Unless the context otherwise requires,
the definitions contained in the offer document or the registration
statement sent to Gold Fields shareholders have the same meaning in
this announcement. In connection with the proposed acquisition of
Gold Fields, Harmony has filed a registration statement on Form
F-4, which includes a preliminary prospectus and related exchange
offer materials, to register the Harmony ordinary shares (including
Harmony ordinary shares represented by Harmony American Depositary
Shares (ADSs)) to be issued in exchange for Gold Fields ordinary
shares held by Gold Fields shareholders located in the United
States and for Gold Fields ADSs held by Gold Fields shareholders
wherever located, as well as a Statement on Schedule TO. Investors
and holders of Gold Fields securities are strongly advised to read
the registration statement and the preliminary prospectus, the
related exchange offer materials and the final prospectus (when
available), the Statement on Schedule TO and any other relevant
documents filed with the Securities and Exchange Commission (SEC),
as well as any amendments and supplements to those documents,
because they will contain important information. Investors and
holders of Gold Fields securities may obtain free copies of the
registration statement, the preliminary and final prospectus (when
available), related exchange offer materials and the Statement on
Schedule TO, as well as other relevant documents filed or to be
filed with the SEC, at the SEC's web site at http://www.sec.gov/.
Investors and holders of Gold Fields securities will receive
information at an appropriate time on how to obtain transaction-
related documents for free from Harmony or its duly designated
agent. The preliminary prospectus and other transaction-related
documents may be obtained for free from MacKenzie Partners, Inc.,
the information agent for the U.S. offer, at the following address:
105 Madison Avenue, New York, New York 10016; telephone 1 (212) 929
5500 (call collect) or 1 (800) 322 2885 (toll-free call); e-mail .
This communication is for information purposes only. It shall not
constitute an offer to purchase or exchange or the solicitation of
an offer to sell or exchange any securities of Gold Fields or an
offer to sell or exchange or the solicitation of an offer to buy or
exchange any securities of Harmony, nor shall there be any sale or
exchange of securities in any jurisdiction in which such offer,
solicitation or sale or exchange would be unlawful prior to the
registration or qualification under the laws of such jurisdiction.
The distribution of this communication may, in some countries, be
restricted by law or regulation. Accordingly, persons who come into
possession of this document should inform themselves of and observe
these restrictions. The solicitation of offers to buy Gold Fields
ordinary shares (including Gold Fields ordinary shares represented
by Gold Fields ADSs) in the United States will only be made
pursuant to a prospectus and related offer materials that Harmony
has sent to holders of Gold Fields securities. The Harmony ordinary
shares (including Harmony ordinary shares represented by Harmony
ADSs) may not be sold, nor may offers to buy be accepted, in the
United States prior to the time the registration statement becomes
effective. No offering of securities shall be made in the United
States except by means of a prospectus meeting the requirements of
Section 10 of the United States Securities Act of 1933, as amended.
DATASOURCE: Harmony Gold CONTACT: Harmony Gold: Ferdi Dippenaar,
+27-11-684-0140 (direct), +27-82-807-3684 (mobile), or Corne
Bobbert, +27-11-684-0146 (direct), +27-83-380-6614 (mobile); or
South Africa - Beachhead Media & Investor Relations: Jennifer
Cohen, +27-11-214-2401 (direct), +27-82-468-6469 (mobile), , or
Patrick Lawlor, +27-11-214-2410 (direct), +27-82-459-6709 (mobile),
; or United States - Financial Dynamics Business Communications:
Hollis Rafkin-Sax, +1-212-850-5789 (direct), +1-917-509-0255
(mobile), , or Torie Pennington, +1-212-850-5629 (direct),
+1-917-838-1369 (mobile), ; or United Kingdom - Financial Dynamics
Business Communications: Nic Bennett, +44-207-269-7115 (direct),
+44-7979-536-619 (mobile), , or Charles Watenphul, +44-207-269-7216
(direct), +44-7866-438-013 (mobile), ; or US Information Agent -
MacKenzie Partners, Inc.: Daniel Burch, +1-212-929-5500, , or Steve
Balet, 1-800-322-2885
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