On the Availability of the Response Document and Information Relating to the Legal, Financial and Accounting Characteristics of Balyo S.A.
20 September 2023 - 7:30AM
Business Wire
In Connection With the Tender Offer for the
Shares and Warrants of the Company BALYO Initiated by
SVF II Strategic Investments AIV LLC
Regulatory News:
Balyo (Paris:BALYO):
This press release does not constitute an offer to purchase
securities. In the event of any differences between this unofficial
English-language press release and the official French-language
press release, the official French-language press release shall
prevail.
This press release was prepared
and made available to the public by Balyo (the “Company”) in
accordance with the provisions of Articles 231-27 2° and 231-28 of
the AMF’s general regulation. Pursuant to Article L. 621-8 of the
French Monetary and Financial Code and Article 231-23 of the AMF’s
general regulation, the AMF has, in accordance with its clearance
decision dated September 19, 2023, affixed the visa n° 23-403 on
the response document prepared by the Company in the context of the
Offer.
IMPORTANT NOTICE
In accordance with Articles L.
433-4 II of the French Monetary and Financial Code and 237-1 and
seq. of the General Regulation of the AMF, SVF II Strategic
Investments AIV LLC (the "Offeror") intends to file a
request with the AMF to carry out, within ten (10) trading days
from the publication of the notice of result of the Offer, or, as
the case may be, in the event of a reopening of the Offer, within
three (3) months from the closing of the Reopened Offer (as defined
in the offer document and in the response document of the Company),
a squeeze-out procedure for Balyo’s Ordinary Shares and Preferred
Shares for a unitary indemnity equal to the price of the Offer, if
the number of Balyo’s Ordinary Shares and Preferred Shares not
tendered in the Offer by the minority shareholders of Balyo (other
than the Treasury Shares, the Ordinary Shares that could be issued
pursuant to the exercise of the BSPCE, the Unavailable Shares that
would be subject to the liquidity mechanism) does not represent, at
the end of the Offer (or, as the case may be, the Reopened Offer),
more than 10% of the capital and voting rights of Balyo. SVF II
Strategic Investments AIV LLC also intends to file a request with
the AMF to carry out, within ten (10) trading days from the
publication of the notice of result of the Offer, or, as the case
may be, in the event of a reopening of the Offer, within three (3)
months from the closing of the reopened Offer, a squeeze-out
procedure for the Company Warrants for a unitary indemnity equal to
the price of the Offer, if the number of the Company Warrants
shares that could be created through exercise of the Company
Warrants not presented to the Offer, once added to the existing
shares of Balyo not tendered in the Offer by the minority
shareholders of Balyo (other than the Treasury Shares, the Ordinary
Shares likely to be issued pursuant to the exercise of the BSPCE,
the Unavailable Shares that would be subject to the liquidity
mechanism) does not represent more than 10% of the sum of the
equity securities of Balyo that exist and that could be
created.
In accordance with article 231-28 of the AMF’s general
regulation, the information relating to the legal, financial and
accounting characteristics of Balyo was filed with the AMF on 20
September 2023, and made available to the public this day.
This information and the response document approved by the AMF
are available on the websites of the AMF (www.amf-france.org) and
Balyo (www.balyo.com) and may be obtained free of charge from:
Balyo 74 Avenue Vladimir Illitch Lenine,
94110 Arcueil
Prior to the opening of the Offer, the AMF will publish a notice
of opening, and Euronext Paris will publish a notice announcing the
terms and opening of the Offer.
IMPORTANT NOTICE
This press release has been
prepared for information purposes only. It does not constitute an
offer to the public. The distribution of this press release, the
Offer and its acceptance may be subject to specific regulations or
restrictions in certain countries. The Offer is not directed at
persons subject to such restrictions, either directly or
indirectly, and may not be accepted from any jurisdiction where the
Offer would be subject to such restrictions. This press release is
not intended for distribution in such countries. Accordingly,
persons in possession of this press release are responsible for
informing themselves about and complying with any local
restrictions that may apply. Balyo declines any liability for any
violation by any person of such restrictions.
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version on businesswire.com: https://www.businesswire.com/news/home/20230919957192/en/
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