Sequa Petroleum N.V. - Extraordinary resolution of bondholders for Bonds restructuring passed
22 Juli 2019 - 8:00AM
Business Wire
Regulatory News:
Sequa Petroleum N.V. (BOURSE:MLSEQ)
Further to its press releases of 15 April, 17 June, 24 June, 8
July and 10 July (2019) Sequa Petroleum N.V. (the “Company”)
is pleased to confirm that the extraordinary resolution of the
bondholders for the restructuring of the Company’s USD 300,000,000
5.00 per cent convertible bonds due 2020 of which USD 204,400,000
in principal amount remain outstanding (ISIN: XS1220076779, SEQ01
PRO EC) issued by the Company in April 2015 (the “Bonds”)
has been passed on 19 July 2019 (the consent expiration date) on
the basis of 82% of supporting votes.
Accordingly, as per the consent solicitation memorandum, the
effective date on which the Bonds will be cancelled, will be 24
July 2019 and before or on the settlement date of 14 August 2019
each Bondholder will receive 3.660045 ordinary shares for each U.S.
Dollar in principal amount of Bonds it holds (approved at the
Company’s 18 June 2019 AGM). The issuance of new ordinary shares
shall be in full and final settlement of all of the bondholders’
rights under, arising out of or in any way connected with the
Bonds, the trust deed or any related transaction, and any existing
event of default or potential event of default arising under the
trust deed and the Bonds will be irrevocably waived on and from the
effective date.
The Bondholders who have signed the Deed of Delivery of Shares
between the Company and the converting Bondholder and provided
their signature together with the requested information before the
settlement date will receive ordinary shares in the form of
registered shares (in Dutch: aandelen op naam; “Registered
Shares”). To this purpose the Company will complete the Deed of
Delivery of Shares submitted by the converting Bondholders by
adding the date of the extraordinary resolution, the date of the
first supplemental trust deed, the number of Registered Shares
which will be issued to each Bondholder and any other outstanding
information. The Company will release the converting Bondholders’
signature on or after the effective date and will date the Deed of
Delivery of Shares with the same date on which the Bondholder’s
signature has been released. The converting Bondholders will be
registered as shareholders in the shareholders register of the
Company which registration will form proof of a shareholder’s
entitlement to its shares. The Company would like to clarify that
an issuance of Registered Shares means that the Company will not
issue any form of physical bearer share certificates to
shareholders (which is prohibited by Dutch law).
Once issued, the Registered Shares can be transferred by a
shareholder by completing and signing a Deed of Transfer between
the transferor and the transferee and such share transfer must be
acknowledged by the Company in accordance with Dutch law. It
remains the objective of the Company that all of its shares are
tradable as book entry shares and are included in the listing on
Euronext Access Paris as book entry shares, and the Company is in
the process of engaging a depositary and a listing agent as soon as
possible so that all Registered Shares could then be transferred to
such depositary in exchange for book entry shares. Standard forms
of the Deed of Delivery of Shares and the Deed of Transfer are
available on the Company’s website. Any general enquiries the
Bondholders might have in relation to the completion of the deeds
can be submitted to the Company’s email address
(info@sequa-petroleum.com).
Bondholders who have not submitted an electronic instruction,
submitted an invalid electronic instruction or have not delivered a
signed Deed of Delivery of Shares to the Company together with the
requested information before the settlement date (“Trust
Creditors”) will not receive Registered Shares on or before the
settlement date; their share entitlements will be held on trust for
a period of time. Further information on the trust, the trustee,
the trust deed, how Trust Creditors can receive their Registered
Shares after the settlement date, the trust holding period and what
happens following the expiry of the holding period is available on
the Company’s website.
The cancellation of the Bonds completes the restructuring of the
Company’s debt and liabilities. The Company’s cash balances (on 1
July 2019 over $22m), possibly together with new equity and/or debt
funding, enable the Company to progress current high quality
acquisition targets of production and development assets. If the
targeted investment opportunities are secured, then the realisation
of these opportunities is expected to be value-accretive to the
Company’s shareholders. The appointment of a depositary and a
listing agent and any material progress with business development
will be subject to further announcements.
Cautionary notice
This press release may contain information that qualifies as
inside information within the meaning of Article 7(1) of the EU
Market Abuse Regulation. This communication includes
forward-looking statements. All statements other than statements of
historical facts may be forward-looking statements. Words such as
possibly, expected, enable and value accretive or other similar
words or expressions are typically used to identify forward-looking
statements. Forward-looking statements are subject to risks,
uncertainties and other factors that are difficult to predict and
that may cause actual results of the Company to differ materially
from future results expressed or implied by such forward-looking
statements. Such factors include, but are not limited to, risks
relating to the Company’s ability to engage a depositary and a
listing agent; to acquire new opportunities; generate positive cash
flows; general economic conditions; turbulences in the global
credit markets and the economy; geopolitical events and other
factors discussed in the Company’s public filings and other
disclosures. Forward-looking statements reflect the current views
of the Company’s management and assumptions based on information
currently available to the Company’s management. Forward-looking
statements speak only as of the date they are made, and the Company
does not assume any obligation to update such statements, except as
required by law.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20190721005019/en/
Jacob Broekhuijsen, Chief Executive Officer +44 (0)20 3728 4450
or info@sequa-petroleum.com
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