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ATVI » Topics » 8. RESTRICTION ON CAPITAL RAISING: 5% LIMIT

These excerpts taken from the ATVI 10-K filed May 30, 2008.

8.            RESTRICTION ON CAPITAL RAISING: 5% LIMIT

 

In the case of any Offer that will involve the issue of Common Shares or a right to purchase or receive Common Shares, including Awards, the number of Common Shares that are the subject of the Offer under the Australian Plan, or to be received pursuant to an Award, when aggregated with:

 

(a)                                                 the number of Common Shares in the same class which would be issued to Australian Offerees were each outstanding Offer of Common Shares or Awards to acquire unissued Common Shares under the Australian Plan or any other employee share scheme of the Company, to be accepted or exercised (as the case may be); and

 

(b)                                                the number of Common Shares in the same class issued during the previous five (5) years pursuant to the Australian Plan or any other employee share scheme extended

 

 

3


 

only to employees or directors of the Company or any Associated Body Corporate of the Company;

 

but not including any Offer made, Award granted or Common Shares issued by way of or as a result of:

 

(i)

 

an offer or invitation to a person situated at the time of receipt of the offer or invitation outside Australia; or

 

 

 

(ii)

 

an offer that was an excluded offer or invitation within the meaning of the Corporations Act 2001 as it existed prior to 13 March 2000; or

 

 

 

(iii)

 

an offer that did not require disclosure to investors because of section 708 of the Corporations Act 2001; or

 

 

 

(iv)

 

an offer that did not require a Product Disclosure Statement because of section 1012D of the Corporations Act 2001; or

 

 

 

(v)

 

an offer made under a disclosure document or a Product Disclosure Statement,

 

must not exceed five percent (5%) of the total number of issued Common Shares in that class of shares of the Company as at the time of the Offer.

 

8.            RESTRICTION ON CAPITAL RAISING: 5% LIMIT



 



In the case of any Offer
that will involve the issue of Common Shares or a right to purchase or receive Common
Shares, including Awards, the number of Common Shares that are the subject of
the Offer under the Australian Plan, or to be received pursuant to an Award, when
aggregated with:



 



(a)                                                 the number of Common Shares in the
same class which would be issued to Australian Offerees were each outstanding
Offer of Common Shares or Awards to acquire unissued Common Shares under the Australian
Plan or any other employee share scheme of the Company, to be accepted or
exercised (as the case may be); and



 



(b)                                                the number of Common Shares in the
same class issued during the previous five (5) years pursuant to the Australian
Plan or any other employee share scheme extended



 



 



3













 



only to employees or directors of the Company or any Associated Body
Corporate of the Company;



 



but not including any Offer
made, Award granted or Common Shares issued by way of or as a result of:



 


















































(i)

 

an offer or invitation to a person situated at the time of receipt of
the offer or invitation outside Australia; or

 

 

 

(ii)

 

an offer that was an excluded offer or invitation within the meaning
of the Corporations Act 2001 as it existed
prior to 13 March 2000; or

 

 

 

(iii)

 

an offer that did not require disclosure to investors because of
section 708 of the Corporations Act
2001; or

 

 

 

(iv)

 

an offer that did not require a Product Disclosure Statement because
of section 1012D of the Corporations Act
2001; or

 

 

 

(v)

 

an offer made under a disclosure document or a Product Disclosure
Statement,


 



must not exceed five percent
(5%) of the total number of issued Common Shares in that class of shares of the
Company as at the time of the Offer.



 



EXCERPTS ON THIS PAGE:

10-K (2 sections)
May 30, 2008

RELATED TOPICS for ATVI:

"8. RESTRICTION ON CAPITAL RAISING: 5% LIMIT" elsewhere:

Agilent Technologies (A)
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