Komati Basin Water Authority Private Placing Document - KW01
Komati Basin Water Authority
Established in terms of the Treaty on the Development and Utilisation of Water Resources of the
Komati River Basin
Stock Code: KW01
ISIN Code: ZAG000016296
(“KOBWA” or “the Issuer”)
KOMATI BASIN WATER AUTHORITY PRIVATE PLACING DOCUMENT
1.1. Reference is made to (a) the Komati Basin Water Authority Private Placing Document dated
27 October 1997 ("Placing Document") prepared by Komati Basin Water Authority ("Issuer") in
respect of the private placing of KOBWA Registered Loan Stock (Loan No. 1), (13.50% coupon,
redeemable on 31 October 2027) to a maximum value of R380 million and (b) the amended JSE
Debt Listings Requirements (effective 15 October 2018) ("Amended JSE Debt Listings
Requirements"). References in this announcement to any Section are to that Section of the
Amended JSE Debt Listings Requirements.
1.2. Unless otherwise defined in this SENS announcement, capitalised terms used in this SENS
announcement bear the meanings ascribed to them in the section of the Placing Document
headed "Terms and conditions of the issue" ("Terms and Conditions").
1.3. The Issuer hereby advises that:
a) Section 7.26 provides for the procedure to amend the Terms and Conditions (including
the Applicable Terms and Conditions).
b) The provisions of Section 7.26 apply to the Placing Document.
c) Section 7.27 provides, in relation to meetings of Noteholders, (i) for the applications of
the sections in the Companies Act, 2008 ("Companies Act") that relate to "notice of
meetings", "conduct of meetings" and "meeting quorums and adjournment" as if the
references in such sections to "shareholders" and "company", respectively, were
references to "Noteholders" and "Issuer" respectively (ii) for such meeting to be
announced on SENS and for the announcement to state the date that the Issuer has
selected to determine which Noteholders recorded in the Register will receive the notice
of meeting and the last date by which proxy forms must be submitted, (iii) for voting by
proxy and (iv) for the application of the sections in the Companies Act that provide for the
form of proxy form. Section 7.28 provides that a written resolution to Noteholders must
state the date that the Issuer has selected to determine which Noteholders recorded in
the Register will receive the notice of written resolution.
d) The provisions of Section 7.27 and Section 7.28 apply to the Placing Document.
e) The Issuer confirms that, at the time the next update is required to be made to the
Placing Document in terms of Section 7.24 (as read with Section 7.25) or for any other
reason, the Issuer will procure that such update will provide, in addition, for the Terms
and Conditions to be amended to reflect (a) the provisions of Section 7.26 and (b) the
provisions of Section 7.27 and Section 7.28.
f) The Amended JSE Debt Listings Requirements are available on the JSE’s website at
www.jse.co.za.
Johannesburg
20 December 2018
Debt Sponsor
Merchantec Capital
Date: 20/12/2018 09:15:00 Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited ('JSE').
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