We refer to the Company’s announcement dated 31 May 2022 in relation to the conditional mandatory take-over offer by Dato’ Lim Kian Onn ("LKO" or "the Offeror") to acquire all the remaining ordinary shares in ECMLG ("ECMLG Shares") not already held by the Offeror and persons acting in concert with him for a cash offer price of RM0.22 ("Offer") (“Announcement”). Unless otherwise defined, the definitions set out in the Announcement shall apply herein.
Reference is made to (i) the notice(s) of change in the interest of substantial shareholder and director dated 3 June 2022 received by the Company from LKO following the acquisition of 4,456,100 ECMLG Shares from the open market by Garynma MY Capital Limited, a person acting in concert with the Offeror in relation to the Offer and (ii) the press notice received from Mercury Securities Sdn Bhd dated 3 June 2022 in relation to the acquisition of 378,600 ECMLG Shares from the open market by LKO.
Arising from the above, the public shareholding spread of ECMLG has reduced to 24.64%. Accordingly, the Company is not in compliance with the public shareholding spread requirement pursuant to Paragraph 8.02(1) of the Listing Requirements which states that a listed issuer must ensure that at least 25% of its total listed shares (excluding treasury shares) are in the hands of public shareholders (“Public Spread Requirement”).
As set out in Section 4.4 of the notice of the Offer dated 31 May 2022, the Offeror intends to maintain the listing status of ECMLG on the Main Market of Bursa Securities. Accordingly, in the event that ECMLG does not comply with the Public Spread Requirement as a result of the Offer, the Offeror will explore various options or proposals and/or will procure ECMLG to explore possible options to rectify the shortfall in the public shareholding spread of ECMLG within 3 months from the closing date or such timeframe as allowed by the relevant authorities. No such arrangement has been made.
Notwithstanding the foregoing, any decision to rectify the shortfall in the public shareholding spread of ECMLG will be subject to the Offeror and persons acting in concert with him retaining an aggregate equity interest of more than 50% in ECMLG.
This announcement is dated 3 June 2022.
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