Poll Results of the H Share Class Meeting
2005年12月31日 - 8:01PM
PRニュース・ワイアー (英語)
JILIN CITY, China, Dec. 31 /PRNewswire-FirstCall/ -- PetroChina
Company Limited ("PetroChina"; HKSE stock code: 0857; NYSE: PTR)
and Jilin Chemical Industrial Company Limited ("Jilin"; HKSE stock
code: 0368; NYSE: JCC) jointly announced that, subject to the
satisfaction or waiver of certain pre-conditions (the
"Pre-Conditions"), Citigroup Global Markets Asia Limited
("Citigroup"), on behalf of PetroChina, and (in the United States
only) PetroChina, would make a voluntary conditional offer (the "H
Share Offer") to acquire all the outstanding overseas listed
foreign invested shares of par value RMB1.00 each in Jilin (the
"Jilin H Shares") for HK$2.80 per Jilin H Share, and the Jilin H
Shares represented by American Depositary Shares (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. Jilin
announces that the special class meeting of holders of Jilin H
shares (the "H Share Class Meeting") was duly held on 31 December
2005, during which the special resolutions proposed in relation to
the voluntary withdrawal of the listings of the Jilin H Shares and
Jilin ADSs from the Hong Kong Stock Exchange ("HKSE") and the New
York Stock Exchange ("NYSE"), respectively (the special resolutions
together, the "Delisting Resolutions"), were duly passed by way of
poll. The H Share Class Meeting was held at 10:00 a.m. (Hong Kong
time) on 31 December 2005 at the Grand Ballroom, Lower Lobby,
Conrad Hong Kong, Pacific Place, 88 Queensway, Hong Kong. A poll
was demanded by the Chairman of the H Share Class Meeting for
voting on the Delisting Resolutions. The poll results in respect of
the Delisting Resolutions were as follows: Special resolutions
Number of votes For Against (1)To consider and approve 462,648,039
Jilin 13,594,400 Jilin the voluntary withdrawal H Shares H Shares
of the listings of the (97.15%)(Note 1) (1.41%)(Note 2) Jilin H
Shares and the Jilin ADSs from the HKSE and the NYSE, respectively;
and (2)To authorize any director 462,461,039 Jilin 13,551,400 Jilin
of Jilin to take such other H Shares H Shares actions and execute
such (97.15%)(Note 1) (1.41%)(Note 2) documents or deeds as he may
consider necessary or desirable for the purpose of implementing the
voluntary withdrawal. Notes: 1. Based on the total number of the
votes attaching to the Jilin H Shares held by the Jilin Independent
H Shareholders (including the Jilin H Shares underlying the Jilin
ADSs) cast in person or by proxy at the H Share Class Meeting; 2.
Based on the total number of the votes attaching to all the Jilin H
Shares held by the Jilin Independent H Shareholders The holders of
964,050,100 Jilin H Shares (being 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 and parties acting in concert with
Platinum, Cazenove and parties acting in concert with Cazenove)
(the "Jilin Independent H Shareholders") were entitled to attend
and vote on the Delisting Resolutions at the H Share Class Meeting.
There was no Jilin H Share entitling the holder to attend and vote
only against the Delisting Resolutions at the H Share Class
Meeting. PetroChina and parties acting in concert with PetroChina
(including Citigroup), Platinum and parties acting in concert with
Platinum, Cazenove and parties acting in concert with Cazenove were
required to, and did, abstain from voting in respect of the
Delisting Resolutions in accordance with the Hong Kong Code on
Takeovers and Mergers (the "Takeovers Code"). According to the
Rules Governing the Listing of Securities on the HKSE, Hong Kong
Registrars Limited acted as the scrutineer of, and reviewed the
counting of, the votes at the H Share Class Meeting. More than 75%
of the votes attaching to the Jilin H Shares held by the Jilin
Independent H Shareholders (including the Jilin H Shares underlying
the Jilin ADSs) present in person or by proxy at the H Share Class
Meeting were cast in favour of the Delisting Resolutions. In
addition, the number of votes cast against the Delisting
Resolutions at the H Share Class Meeting amounted to not more than
10% of all the votes attached to the Jilin H Shares held by the
Jilin Independent H Shareholders (including the Jilin H Shares
underlying the Jilin ADSs). As such, the Delisting Resolutions were
duly passed pursuant to the Takeovers Code. The holders of Jilin H
Shares (the "Jilin H Shareholders") and Jilin ADSs (the "Jilin ADS
Holders") are advised that apart from the passing of the Delisting
Resolutions by the Jilin Independent H Shareholders at the H Share
Class Meeting, the H Share Offer is conditional on valid
acceptances of the H Share Offer for not less than 66 2/3% in
nominal value of the Jilin H Shares, including the Jilin H Shares
underlying the Jilin ADSs, carrying voting rights then exercisable
at a general meeting of the Jilin H Shareholders, being received
(the "Minimum Condition"). As at the date of this announcement, the
Minimum Condition has yet to be satisfied. The Jilin H Shareholders
and the Jilin ADS Holders are further advised that unless the H
Share Offer becomes or is declared unconditional before 6 January
2006, or is revised or extended, the latest time and date for
acceptance of the H Share Offer will be 4:00 p.m. (Hong Kong time)
on Friday, 6 January 2006 (the "First Closing Date"). Because of
the time difference between Hong Kong and New York, acceptances of
the H Share Offer by Jilin ADS Holders must be received by the Bank
of New York as US Tender Agent no later than 5:00 p.m. (New York
City time) on Thursday, 5 January 2006. Accordingly, Jilin will
apply to the HKSE for the withdrawal of the listing of the Jilin H
Shares on the HKSE with effect from 9:30 a.m. (Hong Kong time) on
Monday, 23 January 2006. Upon such withdrawal of the listing of the
Jilin H Shares from the HKSE being approved, the Jilin H Shares
will not be listed on the HKSE from 9:30 a.m. (Hong Kong time) on
Monday, 23 January 2006. Jilin intends to notify the NYSE on the
date that it receives confirmation from the US Tender Agent that
there are fewer than 600,000 publicly-held Jilin ADSs. Pursuant to
Item 802.01 of the NYSE Listed Company Manual, after receipt of
notice from Jilin, the NYSE may suspend the trading of the Jilin
ADSs on the NYSE and submit an application to the United States
Securities and Exchange Commission (the "SEC") to delist the Jilin
ADSs from the NYSE, with such delisting effective as early as 10
days after the date of filing of such application. If necessary,
Jilin may submit a voluntary delisting application to the SEC to
delist the Jilin ADSs from the NYSE, with such delisting effective
upon approval by the SEC. Jilin H Shareholders and Jilin ADS
Holders should note that if the H Share Offer becomes or is
declared unconditional on the First Closing Date, the H Share Offer
will remain open for acceptance until 4:00 p.m. (Hong Kong time) on
Friday, 3 February 2006 (unless it is extended in accordance with
the terms and conditions of the H Share Offer and the Takeovers
Code). Because of the time difference between Hong Kong and New
York, Jilin ADS Holders who wish to accept the H Share Offer should
return their acceptances to the US Tender Agent by 5:00 p.m. (New
York City time) on Thursday, 2 February 2006. In such
circumstances, Jilin H Shareholders who wish to accept the H Share
Offer must submit their duly completed form of acceptance, together
with the relevant document(s) of title, to Hong Kong Registrars
Limited at Shops 1712-1716, 17th Floor, Hopewell Centre, 183
Queen's Road East, Wan Chai, Hong Kong as soon as possible, but in
any event to reach Hong Kong Registrars Limited by no later than
4:00 p.m. (Hong Kong time) on Friday, 3 February 2006. In such
circumstances, Jilin ADS Holders who wish to accept the H Share
Offer must submit their duly completed Letter of Transmittal,
together with the relevant document(s) of title, to The Bank of New
York, Tender & Exchange Department, P.O. Box 11248, Church
Street Station, New York, New York 10286-1248, as soon as possible,
but in any event to reach The Bank of New York, Tender &
Exchange Department by no later than 5:00 p.m. (New York City time)
on Thursday, 2 February 2006. If the H Share Offer is extended,
PetroChina and Jilin will jointly release an announcement to that
effect which will be published in Hong Kong, filed with the SEC and
available free of charge at the SEC's website at
http://www.sec.gov/. Jilin H Shareholders and Jilin ADS Holders in
the U.S. are advised to read PetroChina's tender offer statement on
Schedule TO, Jilin's solicitation/recommendation statement on
Schedule 14D-9, and PetroChina's and Jilin's joint transaction
statement on Schedule 13E-3 that have been filed with the SEC
because these documents, including the amendments and exhibits
thereto, contain important information about the H Share Offer.
These documents are available free of charge at the SEC's website
at http://www.sec.gov/. Jilin H Shareholders and Jilin ADS Holders
in the U.S. may also direct questions and requests for copies of
such documents to Innisfree M&A Incorporated, the information
agent, at 1-877-717-3898 (toll free in the U.S. and Canada) or
+1-212-750-5833 (call collect from all other countries). In
addition, all such documents will be made available to investors in
the U.S. free of charge by writing to Zhang Liyan at No.9 Longtan
Street, Longtan District, Jilin City, Jilin Province, the People's
Republic of China. DATASOURCE: Jilin Chemical Industrial Company
Limited CONTACT: Innisfree M&A Incorporated for Jilin Chemical
Industrial Company Limited, U.S. and Canada: 1-877-717-3898, or
+1-212-750-5833
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