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Article NO. Content

Title:

Regulations Governing Information to be Published in Public Tender Offer Prospectuses  CH

Amended Date: 2023.12.04 
Article 8     The following risks associated with tendering shall be noted in conspicuous lettering:
  1. The risk that the public tender offer could be suspended pursuant to provisions set out in the Act under Article 43-5, paragraph 1, subparagraphs 1 through 3.
  2. The risk that the Financial Supervisory Commission or another authority might deny approval, suspend registration, reject filing, or revoke approval.
  3. The risk that the competent authority, acting pursuant to the provisions set out in Article 43-5, paragraph 2, of the Act, might order the public tender offeror to re-file and re-publish content of the previously filed and published public tender offer.
  4. The risk that the time, manner, or place for the payment of the tender offer consideration may be changed due to a natural disaster or emergency event pursuant to the provisions of Article 7-1, paragraph 2 of the Regulations Governing Tender Offers for Purchase of the Securities of a Public Company.
  5. If shares or corporate bonds to be offered and issued will be paid as tender offer consideration pursuant to the provisions of Article 8, subparagraph 2, of the Regulations Governing Tender Offers for Purchase of the Securities of a Public Company, the risk that such securities cannot be issued on schedule.
  6. The risk that the time for the tenderer to receive the tender offer consideration may be postponed because the public tender offeror extends the public tender offer period pursuant to Article 18, paragraph 2 of the Regulations Governing Tender Offers for Purchase of the Securities of a Public Company.
  7. The risk that a tender may not be withdrawn after the conditions of the tender are met and publicly announced, except under a circumstance set forth in Article 19, paragraph 6 of the Regulations Governing Public Tender Offers for Securities of Public Companies.
  8. The risk that the number of shares tendered may not meet the minimum projected purchase volume.
  9. The risk that not all shares tendered can be sold.
  10. Any other material risk that the public tender offeror knows could affect the share purchasing process.