Regulatory News:
NHOA S.A. (Paris:NHOA):
This document is an unofficial English-language translation
of the legal press release (communiqué normé) relating to the
availability of the offer document approved (visa) by the French
Autorité des marchés financiers on November 5, 2024 and of the
information relating in particular to the legal, financial and
accounting characteristics of Taiwan Cement Europe Holdings B.V.
and is provided for information purposes only. In the event of any
discrepancies between this unofficial English-language translation
and the official French document, the official French document
shall prevail.
Not for publication, dissemination or
distribution, directly or indirectly, in the United States of
America or any other jurisdiction in which the distribution or
dissemination of this Press Release is unlawful. This Press
Release does not constitute an offer to purchase any
securities.
PRESS RELEASE DATED NOVEMBER 6, 2024
RELATING TO THE SIMPLIFIED TENDER OFFER
FOR THE SHARES OF THE COMPANY NHOA S.A.
initiated by Taiwan Cement Europe Holdings
B.V., a subsidiary of TCC GROUP HOLDINGS
presented by CRÉDIT AGRICOLE
AVAILABILITY OF THE OFFER DOCUMENT (NOTE
D’INFORMATION) AND OF THE INFORMATION RELATING IN PARTICULAR TO THE
LEGAL, FINANCIAL AND ACCOUNTING CHARACTERISTICS OF TAIWAN CEMENT
EUROPE HOLDINGS B.V.
PRICE OF
THE OFFER:
EUR 1.25 per NHOA share
CONDITIONAL PRICE SUPPLEMENT:
Only if certain conditions
materialize, as further detailed in Section 2.2 of the Offer
Document, shareholders having tendered their NHOA shares to the
Offer or, if applicable, whose NHOA shares are transferred to the
offeror as part of a squeeze-out, will be entitled to a conditional
price supplement (complément de prix conditionnel) of EUR 0.65 per
NHOA share (the “Conditional Price Supplement”).
DURATION
OF THE OFFER:
10 trading days
The timetable for the simplified
tender offer referred to herein (the “Offer”) will be set
out by the French Autorité des marchés financiers (the
“AMF”) in accordance with provisions of its general
regulation (the “AMF General Regulation”).
AMF | AUTORITÉ
DES MARCHÉS FINANCIERS
This press release relating to the
availability of the offer document approved (visa) by the AMF on
November 5, 2024 and to the availability of the information
relating in particular to the legal, financial and accounting
characteristics of Taiwan Cement Europe Holdings B.V. was prepared
and issued by Taiwan Cement Europe Holdings B.V., in accordance
with the provisions of Articles 231-27, 1° and 2° and 231-28, I of
the AMF General Regulation (the “Press Release”).
Pursuant to the provisions of Article L. 621-8 of the French
Code monétaire et financier and of Article 231-23 of the AMF
General Regulation, the AMF has, in accordance with its clearance
decision regarding the Offer dated November 5, 2024, delivered visa
No. 24-461 on the offer document (the “Offer Document”)
prepared by Taiwan Cement Europe Holdings B.V. (“TCEH”)
relating to the simplified tender offer initiated by TCEH on the
shares of NHOA (the “Offer”).
In accordance with the provisions of Article 231-28 of the AMF
General Regulation, the information relating in particular to the
legal, financial and accounting characteristics of TCEH, which
supplements the offer document, has been filed with the AMF on
November 5, 2024 and was made available to the public on the date
hereof.
The Offer Document of TCEH and the information relating in
particular to the legal, financial and accounting characteristics
of TCEH are available on the websites of the AMF
(www.amf-france.org), of TCC Group Holdings Co., Ltd
(www.tccgroupholdings.com/en/) and NHOA (www.nhoagroup.com), and
may be obtained free of charge from Crédit Agricole Corporate and
Investment Bank:
12 place des Etats-Unis CS 70052 92547
Montrouge Cedex
IMPORTANT NOTICE
In accordance with the provisions of
Article L. 433-4 II of the French Code monétaire et financier and
Articles 237-1 et seq. of the AMF General Regulation, TCEH intends
to require the AMF, at the latest within three (3) months following
the closing of the Offer, to implement a squeeze-out (retrait
obligatoire) for the NHOA shares not tendered in the Offer (other
than the NHOA free shares subject to a holding period and subject
to a liquidity mechanism and/or assimilated to the shares held,
directly or indirectly, by the offeror) to be transferred to TCEH
in return for (i) compensation per NHOA share equal to the offer
price, being EUR 1.25; and (ii) entitlement to the Conditional
Price Supplement of EUR 0.65 per NHOA share payable only if the
conditions set forth in Section 2.2.1(B) of the Offer Document
materialize.
Shareholders’ and potential investors of
NHOA’s attention is drawn to the fact that (a) no Conditional Price
Supplement will be due and/or paid if the Call Option or the Put
Option (as such terms are defined in Section 2.2.1(A) of the Offer
Document) is exercised, (b) the Call Option is deeply in the money
and may therefore likely be exercised, and (c) if the Call Option
is not exercised, TCC commits to procure for the exercise of the
Put Option in light of the factors set forth in Section 2.2.1(A) of
the Offer Document. Consequently, it is unlikely that a Conditional
Price Supplement will eventually be due and paid to the
shareholders of NHOA. Shareholders and potential investors of NHOA
are encouraged to read the details of the conditions set forth in
Section 2.2.1(B) of the Offer Document and exercise caution when
dealing in NHOA securities.
Disclaimer
The Offer is being made exclusively in
France.
This Press Release was prepared for
information purposes only. This Press Release does not constitute
an offer or part of an offer to sell, purchase or subscribe for any
securities and it shall not be considered as constituting any
solicitation of such an offer.
This Press Release may not be distributed
in countries other than France, subject to the publication of this
Press Release on TCC’s and NHOA’s websites pursuant to applicable
regulations.
The dissemination of this Press Release,
the Offer and its acceptance may be subject to specific regulations
or restrictions in certain countries. The Offer is not made for
persons subject to such restrictions, neither directly nor
indirectly, and may not be accepted in any way from a country where
the Offer would be subject to such restrictions. Consequently,
persons in possession of this Press Release shall inquire about
potential applicable local restrictions and comply with them.
TCEH and TCC will not be liable in the
event of any breach of the applicable legal restrictions by any
person.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20241106586252/en/
Investor For more detailed
information relating to TCEH and to this Press Release, please
contact: Shelly Yeh – shellyyeh@taiwancement.com /
ir@taiwancement.com Simon Kung – simon.kung@taiwancement.com
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