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Eastgate settlement

Legal11 August 2022APLReal Estate

NZX RELEASE
12 August 2022



Eastgate settlement


Asset Plus advises that settlement of the Eastgate sale will not occur today, as had been previously

indicated.


The delay to settlement arises from a Building Act certificate sitting on both the principal Eastgate titles

and that of the adjoining McDonald’s restaurant (owned by McDonald’s New Zealand).


Such certificates require that the adjoining titles they relate to can only be sold together. After further

investigation, Asset Plus believes that the Building Act certificate should not include the adjoining

McDonald’s certificate and has applied to the Christchurch City Council to have the certificate removed

from the McDonald’s title on an urgent basis. Asset Plus has also engaged with McDonalds who support

removal of the certificate from their title.


As a result, Asset Plus is unable to transfer titles and complete settlement until the Building Act certificate

is no longer linked to the McDonald’s title.


Under the sale and purchase agreement, if the purchaser is ready, willing and able to settle and Asset

Plus is not, the purchaser can give a settlement notice requiring settlement to occur within 12 working

days of the notice. If no settlement notice is issued the contract will remain on foot until such time as

either party issues a settlement notice. Asset Plus will update the market further once a settlement notice

is issued or received.


If settlement does not occur within the 12 working day notice period, the purchaser can sue for specific

performance or cancel the agreement, have the deposit and net interest earned on it returned, and is

entitled to penalty interest from the original date of settlement to the date the deposit is repaid.


Based on review of the relevant property files, titles and preliminary advice from the company’s

consultants, Asset Plus currently believes this matter can be rectified within the 12 working day period,

and will continue updating the market as appropriate.



-ENDS-


For further information please contact:


Stephen Brown-Thomas Matthew Butt

Asset Plus Fund Manager Head of Investor Relations

Centuria NZ, Manager of Asset Plus Centuria NZ, Manager of Asset Plus

+64 9 300 6161 +64 9 300 6161

Data sourced from publicly available filings. Our datasets may not be complete. Automated analysis can produce errors. If you believe any data on this page is incorrect, please contact us at hello@nzxplorer.co.nz. For informational purposes only. Not investment advice.

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