Notice in terms of section 45(5) of the Companies Act
Nampak Limited
(Incorporated in the Republic of South Africa)
Registration Number: 1968/008070/06
Share Code: NPK
ISIN: ZAE 000071676
(“Nampak”)
NOTICE IN TERMS OF SECTION 45(5) OF THE COMPANIES ACT 71 OF 2008, AS
AMENDED (“THE ACT”) FOR THE GRANTING OF FINANCIAL ASSISTANCE IN TERMS
OF SECTION 45 OF THE ACT
Notice was given to shareholders, in terms of section 45(5)(a) of the
Act, of a resolution adopted by the board of directors of the Company
(“the Board”), pursuant to special resolution 3 passed at the Annual
General Meeting held on 11 February 2020, authorising the Board to
provide financial assistance from time to time to related and inter-
related companies and corporations as provided for in the Act.
The Board adopted a resolution on 29 September 2020 to authorise the
Company to issue a guarantee on behalf of its wholly-owned
subsidiaries, Nampak International Limited (US$) and Nampak Products
Limited (ZAR). The guarantee is in pursuance of an amendment agreement
signed by Nampak and its funders in respect of covenant relaxations for
both the 30 September 2020 and 31 March 2021 measurement periods.
In addition, in accordance with section 45(3)(b) of the Act, the Board
applied and satisfied itself that immediately after providing financial
assistance, the Company would satisfy the solvency and liquidity test
set out in section 4(1) of the Act.
Bryanston
5 October 2020
Sponsor:
UBS South Africa (Pty) Ltd
Date: 05-10-2020 02:00:00
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