ASIC Corporations (Takeover Bids) Instrument 2023/683
“(4) For the purposes of this section, c“(4) For the purposes of this section, close of ordinary trading, in relation to a particular day, means the latest time specified in the rules governing the operation of each prescribed financial market on which bid class securities are quoted (or as otherwise determined by the relevant market operator) as the time after which no further on-market transactions may be effected on that day.
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“(4) For the purposes of this section, close of ordinary trading, in relation to a particular day, means the latest time specified in the rules governing the operation of each prescribed financial market on which bid class securities are quoted (or as otherwise determined by the relevant market operator) as the time after which no further on-market transactions may be effected on that day.
Treatment of acceptances in an acceptance facility (5) If: (a) a bidder has established a facility covered by subsection 609A(2); and (b) subsection 609A(1) applies with respect to bid class securities (acceptance facility securities) the subject of an acceptance (within the meaning of subsection 609A(5)), in relation to the facility, that is given to the operator of the facility; and (c) the bidder has included in the notice given under subsection 630(3): (i) a statement that the bid remains subject to one or more defeating conditions (other than defeating conditions of the kind referred to in paragraph 650F(1)(a)); (ii) a statement that the bidder has elected that this subsection is to apply; and (iii) a description of the effect of this subsection; then, in determining the bidder’s voting power for the purposes of paragraph (2)(b), the bidder is taken to acquire a relevant interest in the acceptance facility securities at the time any condition of a kind specified in subsection 609A(3) that is specified in relation to the facility is satisfied.”;
(i) at the end of subsection 625(3) insert on a new line: