Notice of business rescue application
Erbacon Investment Holdings Limited
Incorporated in the Republic of South Africa
(Registration number: 2007/014490/06)
Share code: ERB
ISIN: ZAE000111571
(“Erbacon” or “the Company”)
NOTICE OF APPLICATION TO COMMENCE BUSINESS RESCUE PROCEEDINGS OF
MAJOR OPERATING SUBSIDIARY AND SUSPENSION OF LISTING OF HOLDING
COMPANY
1. Application to Commence with Business Rescue Proceedings
1.1. The board of directors of Erbacon (“the Erbacon Board”) was
informed by the board of directors of its major operating
subsidiary, Civcon Construction Proprietary Limited
(“Civcon” or “the subsidiary”) (“the Civcon Board”), that
Civcon is currently financially distressed, as contemplated
in Chapter 6 of the Companies Act, 2008, as amended (“the
Companies Act”), due to the delay in award of contracts as
well as a delay in payment from its major debtors.
1.2. The Civcon Board is, however, of the view that there
appears to be a reasonable prospect of rescuing the
subsidiary from its current financial difficulties and has
accordingly started proceedings to place Civcon into
business rescue and supervision and are preparing a
comprehensive business rescue plan.
1.3. The resolution was filed with the Companies and
Intellectual Property Commission on 20 June 2013. The
filing date is therefore the effective date of commencement
of the business rescue proceedings as contemplated in terms
of section 132(1)(a)(i) of the Companies Act.
1.4. Accordingly, Civcon is now formally under business rescue.
The business rescue practitioners function will be to
supervise Civcon to assist it in devising and implementing
an effective business rescue plan.
1.5. The business rescue process will allow Civcon to continue
to operate while it prepares and implements a restructuring
plan to enable it to operate more efficiently while aiming
to return to profitability.
1.6. Shareholders are further advised that Erbacon Construction
(Pty) Limited, although being a smaller subsidiary than
Civcon, has also been placed under business rescue and will
undergo the same process as detailed above.
2. Suspension of Listing
2.1. Shareholders are therefore advised that due to Civcon being
the greater part of Erbacon’s undertaking and commencing
with the business rescue proceedings, Erbacon’s shares have
been suspended in terms of section 1.9(a)(iii) of the JSE
Listings Requirements until further notice.
Johannesburg
20 June 2013
Designated Adviser: PSG Capital Proprietary Limited
Date: 20/06/2013 05:15:00 Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited ('JSE').
The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of
the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct,
indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on,
information disseminated through SENS.