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Afrox Healthcare/African Oxygen Limited - Update on the Competition Tribunal hearing Afrox Healthcare Limited (Incorporated in the Republic of South Africa) (Registration number: 1985/001313/06) Share code: AHH ISIN: ZAE000022059 ("Ahealth") Business Venture Investments No. 790 (Proprietary) Limited (Incorporated in the Republic of South Africa) (Registration number: 2003/002733/07) ("Bidco") African Oxygen Limited (Incorporated in the Republic of South Africa) (Registration number 1927/000089/06) JSE Share code: AFX NSX Share code: AOX ISIN: ZAE000030920 ("Afrox") JOINT ANNOUNCEMENT FROM AHEALTH, BIDCO AND AFROX ON A REVISION TO THE DATES FOR THE COMPETITION TRIBUNAL HEARINGS As announced on 21 July 2004, the Competition Tribunal (the "Tribunal") was scheduled to resume the hearing in respect of the merger of Bidco and Ahealth, pursuant to which Bidco will acquire all of the shares in Ahealth ("the Merger"), on 15 September 2004. At a meeting on 8 September 2004, convened by the Tribunal, the Tribunal expressed the view that further days, in addition to the period set down for the hearing in September, would be required to complete the hearing. In addition, Bidco advised the Tribunal that it intended filing further witness statements and certain revised documents. Accordingly, it was held by the Tribunal that a further period of 15 (fifteen) consecutive days should be set aside for the hearing of the Merger, with 2 (two) additional days to be set aside for final argument by the parties. The Tribunal and the parties determined that the first available uninterrupted period of 15 (fifteen) consecutive days would commence on 24 January 2005. Accordingly, the Tribunal held that the hearing on the Merger will resume on 24 January 2005 and continue until 11 February 2005. The dates of 14 and 15 March 2005 have been set aside for closing argument. The scheme of arrangement in terms of Section 311 of the Companies Act, No. 61 of 1973, as amended, proposed by Bidco between Ahealth and its shareholders for the implementation of the Merger, is subject to the fulfilment of the condition, on or before 30 September 2004, that all approvals required from the Competition Commission and Tribunal for the implementation of the scheme be obtained ("the Competition Condition"). Bidco, Ahealth and Afrox are currently engaged in discussions regarding the extension of the date for fulfilment of the Competition Condition. A further announcement on the outcome of these discussions will be made. Johannesburg 10 September 2004 Sponsor to Afrox Barnard Jacobs Mellet Corporate Finance Sponsor to Ahealth NEDBANK CAPITAL Date: 10/09/2004 05:04:55 PM Supplied by www.sharenet.co.za Produced by the JSE SENS Department
