S/PRICE: NZXR: Share Price Enquiry
5 Aug 2010 5:40 pm
NZXR
05/08/2010
S/PRICE
REL: 1740 HRS NZX Regulation
S/PRICE: NZXR: Share Price Enquiry
We write with respect to the continuous disclosure Listing Rules.
Listing Rule 10.1.1 is set out in the Schedule to this letter. In summary,
this rule requires issuers to immediately disclose any Material Information
to NZX. The rule provides limited exceptions to this obligation. Material
Information does not need to be disclosed where a reasonable person would not
expect the information to be disclosed and where the information is
confidential and its confidentiality is maintained and where one of five safe
harbours applies.
On 3 August, 2010, we note that the price of the South Canterbury Finance
Preference Shares (SCFHA) on the NZDX, decreased from an opening price of
$16.50 per share, to close at $10.00 per share the same day; this represents
a decrease of 39.4%.
Given this price movement, please advise NZX whether South Canterbury Finance
Limited ("SCF") continues to comply with Listing Rule 10.1.1.
Could you please provide NZX with an answer to the above question (email:
announce@nzx.com) before 1.00 pm today, Thursday 5 August 2010.
Please note that SCF's response to this letter will be published in full to
the market.
Yours faithfully
Garth Stanish
Business Leader
NZX Regulation
RESPONSE OF SOUTH CANTERBURY FINANCE TO SHARE PRICE ENQUIRY
Dear Garth
Share Price Inquiry
We refer to your letter of today's date regarding South Canterbury Finance
Limited's compliance with its continuous disclosure obligations under Listing
Rule 10.1.1.
In view of the recent significant decrease in the market price of South
Canterbury Finance Limited's listed perpetual preference shares, NZX has
asked whether South Canterbury Finance Limited continues to comply with
Listing Rule 10.1.1.
South Canterbury Finance Limited confirms that, in its view, it continues to
comply with Listing Rule 10.1.1.
South Canterbury Finance Limited is aware that a financial adviser has
written to clients who hold perpetual preference shares expressing the view
that the recapitalisation process currently being pursued by the company is
unlikely to be successful and setting out the potential implications for
perpetual preference shareholders if that is the case. South Canterbury
Finance Limited confirms that positive discussions are continuing with
parties who remain interested in participating in the proposed
recapitalisation of the Company.
Yours Faithfully
Sandy Maier
SCHEDULE
10.1.1 Continuous Disclosure of Material Information: Without limiting any
other Rule, every Issuer shall:
(a) once it becomes aware of any Material Information concerning it,
immediately release that Material Information to NZX, provided that this Rule
shall not apply when:
(i) a reasonable person would not expect the information to be disclosed;
and
(ii) the information is confidential and its confidentiality is maintained;
and
(iii) one or more of the following applies:
(A) the release of information would be a breach of law; or
(B) the information concerns an incomplete proposal or negotiation; or
(C) the information comprises matters of supposition or is insufficiently
definite
to warrant disclosure; or
(D) the information is generated for the internal management purposes of
the
Issuer; or
(E) the information is a trade secret.
In this Rule 10.1.1, an Issuer is aware of information if a Director or an
executive officer of the Issuer (and in the case of a Managed Fund, a
Director or executive officer of the Manager) has come into possession of the
information in the course of the performance of his or her duties as a
Director or executive officer.
End CA:00198066 For:NZXR Type:S/PRICE Time:2010-08-05:17:40:21 More announcements for NZXR
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