Conversion of PO by Nemesis Asphalt to K. Kythreotis from voluntary to mandatory

 

 


This announcement is released further to the announcement dated July 15, 2010 according to which Nemesis Asphalt Co Ltd announced its final decision to submit a voluntary public offer to all shareholders of K. KYTHREOTIS HOLDINGS PUBLIC LTD.  The Public Offer concerns the acquisition of up to 100% of the issued share capital of K. Kytherotis Holdings with a proposed consideration of €0.25 per share cash.  On the same date, the Company held directly 17.41% (7,391,625 shares) of the issued share capital of the Company, while the persons who, pursuant to the Takeover Bid Law 41(I)/2007, are regarded as acting in agreement with the Offeror held 8.82%.  Specifically, BAYSHORE PROPERTIES LTD, 100% subsidiary, held 7.07% (3,000,000 shares), while NEMESIS CONSTRUCTIONS PUBLIC COMPANY LIMITED, which holds 100% of the issued share capital of the Company held 1.75% (743,267 shares).  Then, until July 30, 2010, the Company had proceeded with the acquisition of 1,696,688 more shares at prices of up to €0.25 per share.  No change in the participation of BAYSHORE PROPERTIES LTD and NEMESIS CONSTRUCTIONS PUBLIC COMPANY LIMITED resulted.  As a result, on July 30, 2010, the direct stake of the Company stood at 21.17% (8,988,313 shares) and its total stake at 29.99% (12,731,580 shares).  Also, the Company submitted the Public Offer Document to the Securities and Exchange Commission within the framework of paragraph 19(1) of the Takeover Bid Law 2007 and announced it to the Commission for the Protection of Competition.  On July 20, 2010, the Company had issued a supplementary announcement according to which there was no pre-agreement or agreement in relation to the Public Offer between the Company and Kythreotis family, which is the major shareholder of K. Kythreotis Holdings.  At the same time, on July 23, 2010 the Board of Directors of K. Kythreotis Holdings announced the intention of its members, who held directly and indirectly 53.7% of the Company’s issued shares. Not to accept the Public Offer. 

 

On August 2, 2010, the Company proceeded with the acquisition of 149,508 shares of K. KYTHREOTIS HOLDINGS PUBLIC LTD.  With this acquisition, its total stake in the share capital of the Company reached 30.34% (12,881,088 shares), comprising of direct participation of 21.52% and indirect of 8.82%.  As a result, pursuant to article 13 of the Law, the Public Offer is regarded as mandatory since the total stake of the Company in the share capital of K. Kythreotis Holdings has exceeded 30%.  The Company will take all necessary measures to secure the approval of the Public Offer Document by the SEC.