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ENX CORPORATION LIMITED - ENX07 - Notification of the Voting Results in respect of the Written Resolution

Release Date: 11/06/2020 14:30
Code(s): ENX07     PDF:  
Wrap Text
ENX07 - Notification of the Voting Results in respect of the Written Resolution

enX Corporation Limited
(Incorporated in the Republic of South Africa)
(Registration No. 1984/007045/06)
Company code: BIEQS1
Bond Code: ENX07
ISIN: ZAG000167883
(“enX” or the “Issuer”)


NOTIFICATION OF THE VOTING RESULTS IN RESPECT OF THE WRITTEN RESOLUTION

Noteholders are referred to the notice of request for the written resolution of the holders of the outstanding senior unsecured notes held under stock code ENX07
(“Noteholders”) released on SENS on 1 June 2020 (the “Noteholders Written Resolution”), with the deadline date for the submission of votes in respect of the
Noteholders Written Resolution being 17h00 on Tuesday, 30 June 2020. The following Extraordinary Resolution was included for consideration by Noteholders in the
Noteholders Written Resolution:

Extraordinary Resolution Number 1 of the Noteholders

1. With effect from the Effective Date, and notwithstanding any terms of the Notes to the contrary, the Noteholders approve that the Terms and Conditions of the
   Notes be amended by the insertion of the following additional condition under new line 61 of the Applicable Pricing Supplement (Other Terms and Conditions:
   Noteholder Right of Optional Redemption - Disposal Event):

    “61 Other Terms and Conditions: Noteholder Right of Optional Redemption - Disposal Event

    61.1        If a Disposal Event occurs, and within 3 Business Days thereof, the Issuer fails to deliver a notice to the Noteholders of the exercise by the Issuer of its
                right to redeem the Notes in full, each Noteholder may, by notice to the Issuer delivered by that Noteholder to the Issuer within the Election Period,
                declare all or any part of the Notes in respect of that Noteholder, to be due and payable within 10 calendar days after the expiry of the Election Period.

    61.2        Notes redeemed pursuant to this Condition 61 will be redeemed at their Outstanding Principal Amount, together with accrued unpaid interest (if any)
                from (and including) the immediately preceding Interest Payment Date to (but excluding) the date of redemption.

    61.3        For the purposes of this Condition 61:
                (a)     Election Period means, in relation to a Disposal Event, the period ending 5 Business Days after the date on which that Disposal Event is notified
                        by the Issuer to the Noteholders or, failing such notice, the period ending 5 Business Days after the Noteholders otherwise become aware of the
                        Disposal Event; and
                (b)     Disposal Event means the date on which any agreement for the sale by enX and its subsidiaries of their interest in the enX fleet management and
                        logistics division becomes unconditional in accordance with its terms.

    61.4        The Issuer must promptly notify the Noteholders (in the manner set out in Condition 16 of the Programme Memorandum), the Central Securities
                Depository and the JSE, of the occurrence of a Disposal Event.”

In this regard, the Issuer confirms that the voting results of the Noteholders Written Resolution in relation to the total nominal amount issued by the Issuer under stock
code ENX07 (the “Notes”), were as follows:

Extraordinary   Total nominal amount   ENX07 debt securities   ENX07 debt securities   Votes abstained,   Votes carried for the   Votes against the
Resolution      of ENX07 debt          voted, disclosed as a   voted, disclosed as a   disclosed as a     resolution, disclosed   resolution, disclosed
                securities             number                  percentage              percentage         as a percentage         as a percentage
1               ZAR 100 000 000.00     ZAR 100 000 000.00      100,00%                 0,00%              100,00%                 0,00%

The supplement to give effect to the above-mentioned amendments to the terms and conditions of the Notes will be available at https://www.enxgroup.co.za/dmtn-
programme/.



11 June 2020

Debt Sponsor
RAND MERCHANT BANK (A division of FirstRand Bank Limited)

Date: 11-06-2020 02:30:00
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