Satisfaction of the H Share Offer Conditions and Termination of Withdrawal Rights Relating to the Takeover Offer of Jilin Chemic
06 Janeiro 2006 - 11:33AM
PR Newswire (US)
JILIN CITY, China, Jan. 6 /PRNewswire-FirstCall/ -- On 28 October
2005, 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,
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. As announced on Saturday, 31 December
2005, the special resolutions to approve the voluntary withdrawal
of the listings of the Jilin H Shares and the Jilin ADSs from the
Hong Kong Stock Exchange ("HKSE") and the New York Stock Exchange
("NYSE"), respectively, were duly passed by the Jilin independent H
shareholders (being the holders of 964,050,100 Jilin H Shares
(which represents 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)) by way of poll at the
special class meeting of holders of Jilin H Shares. PetroChina is
pleased to announce that, as at 4:00 p.m. (Hong Kong time) on
Friday, 6 January 2006, PetroChina has received valid acceptances
of the H Share Offer in respect of 829,280,972 Jilin H Shares
(including the Jilin H Shares underlying the Jilin ADSs),
representing approximately 85.96% of the 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
holders of Jilin H Shares. Accordingly, PetroChina announces that,
on Friday, 6 January 2006, the conditions to the H Share Offer have
been satisfied and the H Share Offer has been declared
unconditional in all respects on the same date. Save as set out
below, neither PetroChina nor the parties acting in concert with
PetroChina held, controlled or directed any shares in Jilin ("Jilin
Shares") or any other rights over Jilin Shares before the
commencement of the offer period: Name Number of Jilin Shares
PetroChina 2,396,300,000(1) Citigroup 727,900(2) Mr. Zou Haifeng
3,550(3) Notes: (1) PetroChina is the owner of 2,396,300,000
state-owned legal person shares of Jilin, representing
approximately 67.29% of the registered share capital of Jilin. (2)
PetroChina, a party presumed to be acting in concert with
PetroChina holds 727,900 Jilin H Shares representing approximately
0.08% of Jilin's H share capital. (3) Mr. Zou Haifeng held 3,550
Jilin A Shares as at 27 October 2005, being the date immediately
preceding the date of the commencement of the offer period,
representing approximately 0.001775% of the total number of Jilin A
Shares. Mr. Zou Haifeng was a director of PetroChina as at 27
October 2005, but has ceased to be a PetroChina director with
effect from 8 November 2005. Save for the Jilin H Shares and the
Jilin ADSs tendered for acceptance during the offer period, during
the offer period, neither PetroChina nor parties acting in concert
with PetroChina acquired or agreed to acquire any Jilin Shares or
any other rights over Jilin Shares. PetroChina also announces that,
as the H Share Offer has been declared unconditional in all
respects, the rights of the holders of Jilin H shares ("Jilin H
Shareholders") and holders of Jilin ADSs ("Jilin ADS Holders") to
withdraw their acceptances of the H Share Offer have been
terminated with effect from Friday, 6 January 2006 and that Jilin H
Shareholders and Jilin ADS Holders who accept and have accepted the
H Share Offer no longer have the right to withdraw their
acceptances. The last day of dealings in Jilin H Shares on the HKSE
will be Tuesday, 17 January 2006. Accordingly, from 9:30 a.m. (Hong
Kong time) on Wednesday, 18 January 2006, the Jilin H Shareholders
who have not accepted the H Share Offer will not be able to deal in
the Jilin H Shares on the HKSE. Jilin announces that it has
received confirmation from the Bank of New York (the "US Tender
Agent") that 347,491 Jilin ADSs have been tendered (out of 618,592
Jilin ADSs outstanding), and that, upon payment by PetroChina for
the tendered Jilin ADSs, there will be fewer than 600,000 Jilin
ADSs held by parties other than PetroChina. Pursuant to Item 802.01
of the NYSE Listed Company Manual, after receipt of notice from
Jilin, the NYSE may promptly suspend the trading of the Jilin ADSs
on the NYSE with such suspension of trading on the NYSE occurring
as early as Friday, 6 January 2006. In light of the termination of
dealings in the Jilin H Shares and the potential suspension of
dealings in the Jilin ADSs, Jilin H Shareholders and Jilin ADS
Holders who act as nominees for other persons should inform the
relevant beneficial owners of the terms of the H Share Offer. Jilin
H Shareholders and Jilin ADS Holders who are in any doubt as to how
to accept the H Share Offer should consult a stockbroker or other
registered dealer in securities, bank manager solicitor,
professional accountant or other professional adviser. Jilin has
applied 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, the Jilin H Shares
will not be listed on the HKSE from 9:30 a.m. on Monday, 23 January
2006. Jilin announces that it has received confirmation from the US
Tender Agent that 347,491 Jilin ADSs have been tendered (out of
618,592 Jilin ADSs outstanding), and that, upon payment by
PetroChina for the tendered Jilin ADSs, there will be fewer than
600,000 Jilin ADSs held by parties other than PetroChina. Pursuant
to Item 802.01 of the NYSE Listed Company Manual, after receipt of
notice from Jilin, the NYSE may promptly suspend 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 should note that 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 Hong Kong Code on Takeovers and Mergers). Because of the time
difference between New York City and Hong Kong, 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. 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. 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: PetroChina Company Limited; Jilin
Chemical Industrial Company Limited CONTACT: Innisfree M&A
Incorporated for Jilin Chemical Industrial Company Limited, U.S.
and Canada, 877-717-3898, or +1-212-750-5833
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