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ATTACQ LIMITED - Notification in terms of section 45(5) of the Companies Act 71 of 2008

Release Date: 07/01/2020 12:45
Code(s): ATT     PDF:  
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Notification in terms of section 45(5) of the Companies Act 71 of 2008

ATTACQ LIMITED
(Incorporated in the Republic of South Africa)
(Registration number 1997/000543/06)
JSE share code: ATT ISIN: ZAE000177218
(Approved as a REIT by the JSE)
(“Attacq” or “the company”)


NOTIFICATION IN TERMS OF SECTION 45(5) OF THE COMPANIES ACT 71 OF 2008


Shareholders are referred to the SENS announcement published on 28 June 2019 wherein notice was given that the
board of directors (the “board”) adopted a resolution authorising the company to provide financial assistance in terms
of section 45 of the Companies Act (“the Companies Act”) to its wholly-owned subsidiary, AIH International Limited
(“AIHI”), in the form of a guarantee provided in favour of The Standard Bank of South Africa Limited (“Standard
Bank”) in an amount of up to EUR93 000 000 in respect of the refinance of existing euro debt. Attacq has guaranteed
the obligations of AIHI to Standard Bank in terms of the facility agreements concluded between the parties (the
“guarantee”).

Notice is hereby given that, in terms of the provisions of section 45(5)(a) of the Companies Act and pursuant to the
special resolution passed at the annual general meeting of the company held on 14 November 2019 authorising the
board to provide direct and indirect financial assistance to current and future subsidiaries and to current and future
associated companies of the company, the board adopted a resolution on 21 December 2019:
    - consenting to an addendum to the facility agreements (“facility agreements”) concluded between AIHI and
      Standard Bank in terms of which the maturity date of tranche 1 of the facility agreements was extended by 12
      months to 31 January 2021 (the “extension”);
    - confirming that the guarantee extends to the extension; and
    - as a result of the extension, authorising the company to provide financial assistance in terms of section 45 of
      the Companies Act (“financial assistance”) to AIHI in the form of the guarantee.

In accordance with section 45(3)(b) of the Companies Act, the board advises that it is satisfied and acknowledges, in
respect of the above-mentioned financial assistance, that:

a)      immediately after providing such financial assistance, Attacq would have satisfied the solvency and liquidity
        test as provided for in section 4 of the Companies Act; and
b)      the terms under which such financial assistance has been given are fair and reasonable to the company.


7 January 2020

Sponsor
Java Capital

Date: 07-01-2020 12:45:00
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