Notification in terms of section 45(5) 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
15 November 2018 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 on 25 June 2019 authorising the company to provide financial assistance in terms of section 45 of the
Companies Act ("financial assistance") to its wholly-owned subsidiary, AIHI International Limited ("AIHI"), in the
form of a guarantee provided in favour of The Standard Bank of South Africa Limited ("Standard Bank") in an amount of
up to EUR93 000 000 in respect of the refinance of existing euro debt. Attacq has guaranteed the obligations of AIHI
to Standard Bank in terms of the facility agreements concluded between the parties.
The board adopted a further resolution on 26 June 2019 authorising the company to provide financial assistance by
way of cash contributions, letters of support and/or subordination of loan accounts in aggregate amounting to
R6 460 415 942 to its wholly-owned subsidiaries as detailed below:
The aforementioned amount is allocated as follows to wholly-owned subsidiaries of the company-
- Attacq Waterfall Investment Company Proprietary Limited, the sum of R5 350 000;
- Attacq Retail Fund Proprietary Limited, the sum of R440 300 000;
- Attacq Treasury Share Company Proprietary Limited, the sum of R85 415 942;
- Brooklyn Bridge Office Park Proprietary Limited, the sum of R374 700 000;
- Lynnwood Bridge Office Park Proprietary Limited, the sum of R164 800 000; and
- Lynnaur Investments Proprietary Limited, the sum of R45 200 000.
In accordance with section 45(3)(b) of the Companies Act, the board advises that it is satisfied and acknowledges, in
respect of the above-mentioned 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.
28 June 2019
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