- The Special Meeting of Turquoise Hill shareholders is
postponed to 10:30 a.m. (Eastern time) November 8, 2022 at
the request of Rio Tinto
- Deadline to vote by proxy is extended to 10:30 a.m. (Eastern
time) on November 4, 2022 and the deadline for registered
shareholders to file notices of dissent is extended to 12:00 noon
(Eastern time) on November 7, 2022
- Shareholders who have questions about the Arrangement or
need assistance with voting their Turquoise Hill shares should
contact Kingsdale Advisors at 1‑888‑370‑3955 (toll-free within
North America) or by calling collect at 416-867-2272 (outside of
North America) or by email at
contactus@kingsdaleadvisors.com
Turquoise Hill Resources Ltd. (TSX: TRQ) (NYSE: TRQ) (“Turquoise
Hill” or the “Company”) announced today that pursuant to a request
from Rio Tinto International Holdings Limited (“Rio Tinto”) the
Company has postponed to 10:30 a.m. (Eastern time) on November 8,
2022 the special meeting of Turquoise Hill shareholders (the
“Special Meeting”) that was initially scheduled for November 1,
2022 to consider, and if deemed advisable, to pass the special
resolution (the “Arrangement Resolution”) to approve the proposed
statutory plan of arrangement, pursuant to which, subject to the
satisfaction or waiver of all applicable conditions precedent, Rio
Tinto will acquire the approximately 49% of the issued and
outstanding common shares of Turquoise Hill that Rio Tinto and its
affiliates do not currently own (the “Minority Shares”) for C$43.00
per share in cash (the “Arrangement”).
Meeting Details
The record date for determining the shareholders eligible to
vote at the Special Meeting will remain the close of business on
September 19, 2022 (the “Record Date”). Unless they are revoked,
all votes previously cast will remain in their current form,
however, all holders as of the Record Date will have the
opportunity to amend their vote until the extended deadline of
10:30 a.m. (Eastern time) on November 4, 2022.
As a result of the postponement of the Special Meeting, in order
for a registered shareholder to exercise a right of dissent (such
shareholder, a “Dissenting Shareholder”), to which it is entitled
under Section 193 of the Business Corporations Act (Yukon), as
modified by the interim order of the Supreme Court of Yukon (the
“Court”) dated September 29, 2022 (the “Interim Order”) and/or the
plan of arrangement pertaining to the Arrangement (the “Plan of
Arrangement”), such Dissenting Shareholder must now exercise its
rights to dissent no later than 12:00 noon (Eastern time) on
November 7, 2022, or 4:00 p.m. (Eastern time) on the second (2nd)
business day, excluding Saturdays, Sundays and statutory holidays,
prior to the commencement of any subsequent adjournment or
postponement of the Special Meeting, as the case may be. A
Dissenting Shareholder wishing to exercise dissent rights with
respect to the Arrangement Resolution must strictly comply with the
dissent procedures described in the Company’s Management Proxy
Circular dated September 27, 2022 (the “Circular”), the Interim
Order, the Plan of Arrangement and Section 193 of the Business
Corporations Act (Yukon), as modified by the Interim Order and/or
the Plan of Arrangement.
Only registered shareholders of the Company are entitled to
exercise dissent rights. Shareholders that hold their shares
through a broker, investment dealer, bank, trust company or other
intermediary (“Beneficial Shareholders”) must contact such
intermediary for assistance in lodging a dissent.
The terms of the Arrangement and the arrangement agreement
between the Company, Rio Tinto and Rio Tinto plc dated September 5,
2022 are further described in the Circular and associated form of
proxy and letter of transmittal (collectively, the “Meeting
Materials”). The Meeting Materials are filed and available under
Turquoise Hill’s profiles on SEDAR at www.sedar.com and on EDGAR at
www.sec.gov. Details of the Special Meeting and how registered
shareholders or their duly appointed proxyholders can attend,
access and participate in the Special Meeting are set out in the
Circular.
Postponed Special Meeting To Be Held On November 8,
2022
The Special Meeting will be held at 10:30 a.m. on November 8,
2022 in person at Norton Rose Fulbright Canada LLP, 1 Place Ville
Marie, Suite 2500, Chapleau Room, Montreal, Quebec, Canada, H3B 1R1
and in virtual format via live audio webcast at
https://web.lumiagm.com/449028588. At the Special Meeting,
Turquoise Hill shareholders will be asked to consider, and if
deemed advisable, to pass the Arrangement Resolution.
Implementation of the Arrangement is subject to the approval of:
(i) at least two-thirds (66⅔%) of the votes cast by shareholders
present in person, virtually present or represented by proxy at the
Special Meeting, voting as a single class; and (ii) because the
proposed Arrangement is subject to Multilateral Instrument 61‑101 –
Protection of Minority Security Holders in Special Transactions
(“MI 61-101”), a simple majority (more than 50%) of the votes cast
by shareholders present in person, virtually present or represented
by proxy at the Special Meeting, excluding the votes of
shareholders whose votes are required to be excluded pursuant to MI
61-101, namely the 102,196,643 common shares beneficially owned by
Rio Tinto and its affiliates. In addition to the receipt of the
requisite approval of the shareholders of the Company, the
completion of the Arrangement is subject to the final approval of
the Arrangement by the Court and the satisfaction or waiver of the
other customary conditions to completion of the Arrangement.
How To Vote
If you are a registered shareholder, we are asking you to
take two actions.
First, your vote is important regardless of how many shares you
own. Shareholders are encouraged to vote in advance of the Special
Meeting. If you are a registered shareholder, whether or not you
plan to attend the Special Meeting, to vote your shares at the
Special Meeting, you can either return a duly completed and
executed form of proxy to the Company’s transfer agent, TSX Trust
Company (the “Transfer Agent”), Proxy Department, by mail at: TSX
Trust Company, 1200-1 Toronto Street, Toronto, Ontario M5C 2V6, or
TST Trust Company, 1600‑2001 Robert-Bourassa Blvd., Montreal,
Quebec H3A 2A6, or via the internet at www.tsxtrust.com/vote-proxy
not later than 10:30 a.m. (Eastern time) on November 4, 2022 or, if
the Special Meeting is subsequently adjourned or postponed, 48
hours, excluding Saturdays, Sundays and statutory holidays, prior
to the commencement of the reconvened Special Meeting. If you hold
shares through a broker, investment dealer, bank, trust company or
other intermediary (a “Beneficial Shareholder”), you should follow
the instructions provided by your intermediary to ensure your vote
is counted at the Special Meeting. Further information regarding
how shareholders may vote their shares, including how a shareholder
may revoke a previously submitted proxy, is included in the
Circular.
Second, if the Arrangement is approved and completed, before Rio
Tinto can issue the consideration for your shares, the depositary
will need to receive the applicable letter of transmittal completed
by you, together with the certificates representing the shares and
any additional documents that may be required. Registered
shareholders must complete, sign, date and return the letter of
transmittal enclosed with the Circular. If you are a Beneficial
Shareholder, you will receive payment for your shares through your
broker, custodian or other intermediary if the Arrangement is
completed.
Questions
If you have any questions about voting your proxy and the
information contained in this press release in connection with the
Special Meeting of shareholders please contact our proxy
solicitation agent and strategic shareholder advisor, Kingsdale
Advisors, at 1-888-370-3955 (toll-free in North America), or by
calling collect at 416-867-2272 (outside of North America) or by
email at contactus@kingsdaleadvisors.com.
About Turquoise Hill
Turquoise Hill is an international mining company focused on the
operation and continued development of the Oyu Tolgoi copper-gold
mine in Mongolia, which is the Company’s principal and only
material mineral resource property. Turquoise Hill’s ownership of
the Oyu Tolgoi mine is held through a 66% interest in Oyu Tolgoi
LLC; Erdenes Oyu Tolgoi LLC, a Mongolian state-owned entity, holds
the remaining 34% interest.
Forward-looking Statements and Forward-looking
Information
Certain statements made herein, including statements relating to
matters that are not historical facts and statements of the
Company’s beliefs, intentions and expectations about developments,
results and events which will or may occur in the future,
constitute “forward-looking information” within the meaning of
applicable Canadian securities legislation and “forward-looking
statements” within the meaning of the “safe harbor” provisions of
the United States Private Securities Litigation Reform Act of 1995.
Forward-looking statements and information relate to future events
or future performance, reflect current expectations or beliefs
regarding future events and are typically identified by words such
as “anticipate,” “believe,” “could,” “estimate,” “expect,”
“intend,” “likely,” “may,” “plan,” “seek,” “should,” “will” and
similar expressions suggesting future outcomes or statements
regarding an outlook. These include, but are not limited to,
statements regarding the Arrangement, including the anticipated
timing of the Special Meeting.
Forward-looking statements and information are made based upon
certain assumptions and other important factors that, if untrue,
could cause the actual results, performance or achievements of the
Company to be materially different from future results, performance
or achievements expressed or implied by such statements or
information. There can be no assurance that such statements or
information will prove to be accurate. Such statements and
information are based on numerous assumptions regarding the ability
of the parties to receive in a timely manner and on satisfactory
terms, the necessary shareholder approvals (including the minority
approval) and Court approval; the ability of the parties to
satisfy, in a timely manner, the other conditions to the completion
of the Arrangement, and other expectations and assumptions
concerning the Arrangement, present and future business strategies,
local and global economic conditions, and the environment in which
the Company will operate. The anticipated dates indicated may
change for a number of reasons, including the inability to receive,
in a timely manner, the necessary shareholder approvals (including
the minority approval) and Court approval, or the necessity to
extend the time limits for satisfying the other conditions to the
completion of the Arrangement.
Readers are cautioned not to place undue reliance on
forward-looking information or statements. By their nature,
forward-looking statements involve numerous assumptions, inherent
risks and uncertainties, both general and specific, which
contribute to the possibility that the predicted outcomes will not
occur. Events or circumstances could cause the Company’s actual
results to differ materially from those estimated or projected and
expressed in, or implied by, these forward-looking statements.
Important factors that could cause actual results to differ from
these forward-looking statements are included the “Risk Factors”
section of the Circular and in the “Risk Factors” section of the
Company’s Annual Information Form, as supplemented by the “Risks
and Uncertainties” section of the Company’s Management Discussion
and Analysis for the three and six months ended June 30, 2022 (“Q2
2022 MD&A”). Further information regarding these and other
risks, uncertainties or factors included in Turquoise Hill’s
filings with the SEC as well as the Schedule 13E-3 and the
Circular.
Readers are further cautioned that the lists of factors
enumerated in the “Risk Factors” section of the Circular, the “Risk
Factors” section of the Company’s Annual Information Form, the
“Risks and Uncertainties” section of the Q2 2022 MD&A and the
Schedule 13E-3 that may affect future results are not exhaustive.
Investors and others should carefully consider the foregoing
factors and other uncertainties and potential events and should not
rely on the Company’s forward-looking statements and information to
make decisions with respect to the Company. Furthermore, the
forward-looking statements and information contained herein are
made as of the date of this document and the Company does not
undertake any obligation to update or to revise any of the included
forward-looking statements or information, whether as a result of
new information, future events or otherwise, except as required by
applicable law. The forward-looking statements and information
contained herein are expressly qualified by this cautionary
statement.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20221101005807/en/
Vice President Investors Relations and Communications Roy
McDowall roy.mcdowall@turquoisehill.com
Follow us on Twitter@TurquoiseHillRe
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