Delisting of the American Depositary Shares from the New York Stock Exchange
15 Février 2006 - 3:00PM
PR Newswire (US)
JILIN CITY, China, Feb. 15 /Xinhua-PRNewswire-FirstCall/ -- Jilin
Chemical Industrial Company Limited ("Jilin" or the "Company";
NYSE: JCC) announced today that the United States Securities and
Exchange Commission (the "SEC") had approved the delisting of the
overseas listed foreign invested shares of Jilin (the "Jilin H
Shares") represented by American Depositary Shares (the "Jilin
ADSs") from the New York Stock Exchange (the "NYSE") effective at
the opening of business (New York City time) on February 15, 2006.
The voluntary conditional offer (the "H Share Offer") by PetroChina
Company Limited ("PetroChina"; HKSE stock code: 0857; NYSE: PTR) to
acquire outstanding Jilin H Shares (including Jilin H Shares
represented by Jilin ADSs) was closed on Friday, February 3, 2006.
As the result of the delisting of the Jilin H Shares from the Hong
Kong Stock Exchange (the "HKSE") on January 23, 2006 and the
delisting of the Jilin ADSs from the NYSE today, holders of Jilin H
Shares (the "Jilin H Shareholders") and holders of Jilin ADSs (the
"Jilin ADS Holders") who had not tendered their acceptance of the H
Share Offer as of the conclusion of the H Share Offer had held
Jilin H Shares and Jilin ADSs that are not listed on any recognized
stock exchange. Jilin has taken steps to cease the maintenance of
the register of the Jilin H Shares in Hong Kong with effect from
February 4, 2006. As previously announced, Jilin H Shareholders and
Jilin ADS Holders should note that, following the removal of the
register of the Jilin H Shares in Hong Kong, Jilin H Shareholders
and Jilin ADS Holders may be subject to taxes on dispositions of
and/or any dividends or distribution paid on his/her/its Jilin H
Shares and Jilin ADSs under the laws and regulations of the
People's Republic of China. Jilin H Shareholders and Jilin ADS
Holders should seek independent advice of a licensed securities
dealer or registered institution in securities, a bank manager,
solicitor, professional accountant or other professional adviser in
this regard. Notwithstanding the delisting, Jilin's registration
under the U.S. Securities Exchange Act of 1934, as amended (the
"Exchange Act"), remains in effect and Jilin will continue to
comply with its obligations, including the filing of Annual Reports
on Form 20-F. However, in view of the increasing costs of
maintaining a U.S. registration for non-U.S. companies, the Company
does intend to examine ways in which it may terminate its Exchange
Act registration in due course. Any Jilin H Shareholder who has any
queries in relation to any administrative issues concerning
his/her/its Jilin H Shares should contact Hong Kong Registrars
Limited by telephone at (+852) 2862.8628 or at 46th Floor, Hopewell
Centre, 183 Queen's Road East, Wanchai, Hong Kong. Any Jilin ADS
Holder who has any queries in relation to any administrative issues
concerning his/her/its Jilin ADSs should contact The Bank of New
York, ADR Department, by telephone at (+1.888) 269.2377 or at 101
Barclay Street, 22nd Floor West, New York, New York 10286.
Background of the H Share Offer On October 28, 2005, PetroChina and
Jilin jointly announced that, subject to the satisfaction or waiver
of certain pre-conditions, Citigroup Global Markets Asia Limited,
on behalf of PetroChina, and (in the United States only)
PetroChina, would make a voluntary conditional offer to acquire all
the outstanding Jilin H Shares for HK$2.80 per Jilin H Share, and
the Jilin ADSs for HK$280.00 per Jilin ADS, in each case not
already owned by PetroChina and parties acting in concert with
PetroChina. As of November 15, 2005, the day prior to the
commencement of the H Share Offer, PetroChina owned 67.29% of the
outstanding share capital of Jilin. As announced on December 31,
2005, the special resolutions to approve the voluntary withdrawal
of the listings of the Jilin H Shares and the Jilin ADSs from the
HKSE and the NYSE, respectively, were duly passed by the Jilin
independent H shareholders (being the holders of 964,050,100 Jilin
H Shares (which represents the number of the total issued Jilin H
Shares less the number of the Jilin H Shares held by PetroChina and
the parties acting in concert with PetroChina (including
Citigroup), Platinum Securities Company Limited and parties acting
in concert with Platinum Securities Company Limited, Cazenove Asia
Limited and parties acting in concert with Cazenove Asia Limited))
by way of poll at the special class meeting of the Jilin H
Shareholders. On January 6, 2006, PetroChina and Jilin jointly
announced the satisfaction of the conditions to the H Share Offer
and the H Share Offer consequently had become unconditional in all
respects. As announced on January 20, 2006, the listing of the
Jilin H Shares on the HKSE was withdrawn with effect from 9:30 a.m.
(Hong Kong time) on Monday, January 23, 2006. On Friday, February
3, 2006, PetroChina announced that the H Share Offer closed at 4:00
p.m. (Hong Kong time) on the same day. As at 4:00 p.m. (Hong Kong
time) on Friday, February 3, 2006 and, in the case of the Jilin
ADSs, 5:00 p.m. (New York City time) on Thursday, February 2, 2006,
being the latest time for acceptances of the H Share Offer to be
lodged, valid acceptances under the H Share Offer had been received
in respect of 908,113,053 Jilin H Shares (including Jilin H Shares
represented by Jilin ADSs), representing 94.13% of the nominal
value of the Jilin H Shares (including Jilin H Shares represented
by Jilin ADSs), carrying voting rights then exercisable at a
general meeting of Jilin H Shareholders. The listing of the Jilin H
Shares on the HKSE was withdrawn with effect from 9:30 a.m. (Hong
Kong time) on Monday, January 23, 2006. On Friday, January 6, 2006,
the NYSE announced that trading in the Jilin ADSs was suspended on
the same day and, following suspension, it would submit an
application for the delisting of the Jilin ADSs to the SEC. On
Friday, January 27, 2006, the NYSE submitted an application to the
SEC to strike the Jilin ADSs from listing and registration at the
opening of the trading session on February 15, 2006. The Company is
one of the PRC's largest producers of basic chemical and chemical
raw materials, and one of the PRC's largest diversified chemical
enterprises. Its primary business consists of the production and
sale of petroleum products, petrochemical and organic chemical
products, synthetic rubber products, chemical fertilizers and other
chemical products. This press release does not constitute an offer
to purchase, an offer for sale of or a solicitation of an offer to
sell or purchase any securities in the United States. Securities
may not be offered or sold in the United States absent registration
or an exemption from registration. Investors should carefully read
any filings made by the Company or PetroChina in connection with
the offer for shares of the Company, including any tender offer
statement on Schedule TO, transaction statement on Schedule 13E-3,
related solicitation/recommendation statement on Schedule 14D-9 and
any other documents relating to the offer for the shares of Jilin
Chemical Industrial Company Limited, if and when any such documents
are filed with the SEC, including any amendments and exhibits
thereto, because the filings will contain important information. If
and when filed with the SEC, any such Schedule TO, Schedule 13E-3,
Schedule 14D-9 and any related documents will be available free of
charge at the SEC's web site, at http://www.sec.gov/. Certain
statements contained in this press release might be viewed as
"forward-looking statements" within the meaning of the U.S.
Securities Act of 1933 and the Exchange Act. Such forward-looking
statements involve known and unknown risks, uncertainties and other
factors, which may cause the performance or financial condition of
the Company to be materially different from any future performance
or financial condition implied by such statements. For further
information, please contact: Jilin Chemical Industrial Company
Limited Mr. Li Chunqing Tel: +86.432-390.3651 Fax: +86.432-302.8126
Email: Fortune China Public Relations Ltd. Ms. Nellie Chan Tel:
+852-2838.1162 Fax: +852-2834.5109 Email: DATASOURCE: Jilin
Chemical Industrial Company Limited CONTACT: Mr. Li Chunqing of
Jilin Chemical Industrial Company Limited, +86.432-390.3651, or
fax, +86.432-302.8126, or
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