• DISTRIBUTION OF DOCUMENTATION DURING AN OFFER

    • PARAGRAPH 29 PARAGRAPH 29

      • 29.1 PUBLICATION OF DOCUMENTS, ANNOUNCEMENTS AND INFORMATION

        If a document, an announcement or any information is required to be sent to any person, it will be treated as having been sent if it is:

        (a) sent to the relevant person in hard copy form;
        (b) sent to the relevant person in electronic form; or
        (c) published on a website provided that the relevant person is sent a website notification no later than the date on which it is published on the website.

      • 29.2 RIGHT TO RECEIVE COPIES OF DOCUMENTS, ANNOUNCEMENTS AND INFORMATION IN HARD COPY FORM

        (a) If a document, an announcement or any information is required to be sent to any person and it is:
        (i) sent to a person in electronic form; or
        (ii) published on a website and the person entitled to receive it is sent a website notification,
        that person may request a copy in hard copy form from the party which publishes it. Any such request must be made in accordance with the procedure specified in the document, announcement or information for the making of such requests and must provide an address to which the hard copy document, announcement or other information may be sent.
        (b) A person entitled to receive a document, an announcement or any information may request that all future documents, announcements and information sent to that person in relation to an offer should be sent by the party which publishes it in hard copy form.
        (c) If a Bidder receives a request for copies of future documents, announcements and information sent to a person in connection with the offer to be sent in hard copy form, it must notify the Target as soon as possible and provide details of the address to which hard copy documents, announcements and information should be sent. If the Target receives a request for copies of future documents, announcements and information sent to a person in connection with the offer to be sent in hard copy form (either from the person concerned or from a Bidder), it must provide the other parties to the offer with details of such requests at the same time as it provides them with updates to the company's register.
        (d) If a request is made under (a) above for a hard copy of a document, an announcement or any information, the party which published it must ensure that it is sent to the relevant person as soon as possible and in any event within two business days of the request being received by that party.
        (e) Any document, announcement or information that is sent to a person in electronic form or by means of being published on a website, and any related website notification, must contain a statement that the person to whom it is sent may request a copy of the document, announcement or information (and any information incorporated into it by reference to another source) in hard copy form and may also request that all future documents, announcements and information sent to that person in relation to the offer should be in hard copy form. Attention should be drawn to the fact that a hard copy of the document, announcement or information will not be sent to that person unless so requested and details must be provided of how a hard copy may be obtained (including an address in Abu Dhabi Global Market and a telephone number to which requests may be submitted).
        (f) If a shareholder, person with information rights or other person is entitled to be sent a document, an announcement or any information and has elected in accordance with any applicable legal or regulatory provisions to receive communications from the Target in hard copy form (and such election has been made in respect of information generally and not only in respect of certain specific types of information), that election must be treated by each party to an offer as also applying to the form in which any document, announcement or information must be sent to that person in relation to the offer. If a request is made under (b) above for copies of future documents, announcements and information to be sent in hard copy form, that request must be treated by each party to an offer as an election made in accordance with applicable legal or regulatory provisions to receive communications from the Target in hard copy form.

      • 29.3 DISTRIBUTION OF DOCUMENTS, ANNOUNCEMENTS AND INFORMATION TO THE PANEL AND OTHER PARTIES TO AN OFFER

        (a) Before an offer document is published, a copy of the document in hard copy form and electronic form must be sent to the Panel. At the time of publication, a copy must also be sent in hard copy form and electronic form to the advisers to all other parties to the offer.
        (b) Copies of all other documents, announcements and information published in connection with an offer by, or on behalf of, a Bidder or the Target, including advertisements and any material released to the media (including any notes to editors), must at the time of publication or release be sent in electronic form to:
        (i) the Panel; and
        (ii) the advisers to all other parties to the offer.
        Documents must also be sent in hard copy form to the Panel and the advisers to all other parties to the offer at the time of publication. Such documents, announcements or information must not be released to the media under an embargo.
        (c) If a party to an offer publishes a document, an announcement or any information outside normal business hours, that party must inform the advisers to all other parties to the offer of its publication immediately (if necessary by telephone). In such circumstances, special arrangements may need to be made to ensure that a copy of the document, announcement or information is sent directly to the relevant advisers and to the Panel. No party to an offer should be put at a disadvantage through a delay in the release of new information to it.