Announcement Details :
NOT FOR DISTRIBUTION IN THE UNITED STATES
We refer to our announcements dated 11 March 2010, 19 March 2010 and 29 March 2010 in relation to the Proposed Offering.
On behalf of the Board of Directors of Axiata, we wish to announce that Goldman Sachs (Singapore) Pte. as the sole global coordinator, on behalf of the initial purchasers for the Proposed Offering has on 9 April 2010, exercised the Over-allotment Option (as defined in our announcement dated 29 March 2010) and acquired 153,144,000 ordinary shares of Indonesian Rupiah 100 each in XL, representing 1.8% of the total issued and paid-up share capital of XL.
Accordingly, the Proposed Offering would be completed on 14 April 2010 and Indocel’s shareholding in XL would decrease from 86.5% to 66.7%.
This announcement is dated 9 April 2010.
This announcement does not constitute a public offer as defined in Indonesian Capital Market Law, Law No. 8 of 1995 or an offer to sell or the solicitation of an offer to buy any securities in Indonesia, Malaysia, the United States or any other jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. No securities may be offered or sold in the United States absent registration or an applicable exemption from registration requirements. Any public offering of securities to be made in the United States will be made by means of a prospectus. Such prospectus will contain detailed information about the company making the offer and its management and financial statements. No public offer of securities is to be made by Axiata or XL in the United States.
No approval from the Securities Commission of Malaysia (“SC”) is or will be obtained under the Capital Markets and Services Act 2007 (“CMSA”) in respect of the securities, and no prospectus which complies with the requirements of the CMSA and the guidelines of the SC has been registered with the SC pursuant to the CMSA or with any other regulatory body in Malaysia. No securities may be offered or sold to any person in Malaysia, except to a person falling within paragraphs 7, 8, 9, 11, 12, 13 or 14 of Schedule 6 of the CMSA, or any other persons as may be specified by the SC in any guideline issued under Section 377 of the CMSA, by a holder of a Capital Markets Services Licence who carries on the business of dealing in securities.
Forward-looking statements in this announcement are based on current expectations. These statements are not guarantees of future events or results. Future events and results involve some risks, uncertainties and assumptions that are difficult to predict. Actual events and results could vary materially from the description contained herein due to many factors including changes in the market, changes in the business and financial condition of Axiata and its subsidiaries, and changes in the capital markets in general.