Notification in terms of section 45(5)(a) of the Companies Act 71 of 2008
(Incorporated in the Republic of South Africa)
(Registration number 1997/000543/06)
JSE share code: ATT ISIN: ZAE000177218
(Approved as a REIT by the JSE)
(“Attacq” or “the company”)
NOTIFICATION IN TERMS OF SECTION 45(5) OF THE COMPANIES ACT 71 OF 2008
Notice is hereby given that, in terms of the provisions of section 45(5)(a) of the Companies Act 71 of 2008 (“the
Companies Act”) and pursuant to the special resolution passed at the annual general meeting of the company held
on 23 November 2017 authorising the board of directors (“the board”) to provide direct and indirect financial
assistance to current and future subsidiaries and to current and future associated companies of the company, the
board adopted a resolution (“board resolution”) on 27 June 2018 authorising the company to provide financial
assistance in terms of section 45 of the Companies Act (“financial assistance”).
In terms of the board resolution, the company has agreed to act as surety and co-principal debtor with Attacq
Waterfall Investment Company Proprietary Limited (“AWIC”) in respect of facilities provided to AWIC by
Nedbank Limited for an aggregated amount of R820 million.
In accordance with section 45(3)(b) of the Companies Act, the board advises that it is satisfied and acknowledges,
in respect of the financial assistance, that:
a) immediately after providing such financial assistance, Attacq would have satisfied the solvency and
liquidity test as provided for in section 4 of the Companies Act; and
b) the terms under which such financial assistance has been given are fair and reasonable to the company.
4 July 2018
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