INVESTMENTS AND SECURITIES ACT

Section 144: Provisions applicable to every bid.

2007Section 144 of 316Federal Republic of Nigeria

Where a bid under a take-over bid is for all or less than all the shares of any class in the offeree company:(a) shares deposited pursuant to the bid may be withdrawn by or on behalf of a shareholder in the offeree company at any time within ten days after the date of the take-over bid;
(b) shares deposited pursuant to the bid shall, if the terms stipulated by the offeror and not subsequently waived by him have been complied with, be taken up and paid for within fourteen days after the last day within which shares may be deposited pursuant to the bid;
(c) the period of time within which shares may be deposited pursuant to a bid shall be at least twenty-one days after the date of the take-over bid;
(d) if the terms of the bid are amended by increasing the consideration offered for the shares, the offeror shall pay the increased consideration to each shareholder whose shares are taken up pursuant to the bid, whether or not the shares have been taken up before the amendment;
(e) if the offeror intends to purchase shares in the offeree company in the market during the period of time within which shares may be deposited pursuant to the bid, the offeror shall so state in the bid; and
(f) if the offeror purchases shares to which a bid related otherwise than pursuant to the bid during the period of time within which shares may be deposited pursuant to the bid;
(i) the payment otherwise than pursuant to the bid of an amount for a share that is greater than the amount offered in the bid shall be deemed to be an amendment of the bid to which paragraph (d) of this subsection applies;
(ii) the offeror shall immediately notify the shareholders in the offeree company, as provided under section 136 of this Act as to the increased consideration being offered for the shares;
(iii) the shares acquired otherwise than pursuant to the bid shall be counted to determine whether a condition as to minimum acceptance has been fulfilled; and
(iv) the shares acquired otherwise than pursuant to the bid shall not be counted among the shares taken up rateably under paragraph (c) of subsection (1) of section 143 of this Act.

Cite this section

Section 144, INVESTMENTS AND SECURITIES ACT (2007).

https://repo.podus.ai/laws/investments-and-securities-act/section/144/