BFG capital return to shareholders – update
26 January 2024
CAPITAL RETURN TO SHAREHOLDERS UPDATE
NEW DATE FOR HIGH COURT HEARING AND UPDATED TIMETABLE
In connection with the proposed scheme of arrangement relating to the return of capital to shareholders as
announced on 27 October 2023 and as approved by shareholders at a special shareholder meeting on 14
December 2023 (Scheme), Burger Fuel Group Limited (BFG) advises that the High Court hearing relating
to BFG's originating application for final orders approving the Scheme previously scheduled for 5 February
2024 has been adjourned and the hearing is now scheduled for 10am on 8 May 2024 (Hearing Date).
The adjournment and re-scheduling of the hearing relates to the notice of opposition to the application that
has been filed by a shareholder, as notified to the market on 18 February 2024, as well as a notice of
appearance in the application filed by a second shareholder. BFG has not opposed an adjournment to
provide those shareholders with further time to review relevant materials.
BFG advises shareholders that, in accordance with the direction of the High Court:
• any shareholder wishing to be heard on BFG's originating application must file a notice of
appearance or a notice of opposition (as applicable and in either case containing an address for
service) (Notice) no later than 45 working days before the Hearing Date.
• BFG must serve copies of all documents filed in support of its originating application by 5pm on the
next working day after service of any Notice.
• any shareholder that has filed or files a Notice (the Shareholder Respondents) must file and
serve any evidence in support of their appearance or opposition no later than 35 working days
prior to the Hearing Date.
• BFG must file and serve any evidence in reply to evidence filed by the Shareholder Respondents
no later than 20 working days prior to the Hearing Date.
• BFG must file and serve its submissions, an indexed and paginated hardcopy bundle of relevant
documents (an electronic bundle is not required) and a hardcopy bundle of authorities no later than
10 working days prior to the Hearing Date.
• the Shareholder Respondents must file and serve their submissions and a hardcopy bundle of any
further authorities no later than five (5) working days prior to the Hearing Date.
The Board of BFG continues to believe that the tax-free capital return of approximately $4.077 million (as
detailed in the 15 November 2023 notice of meeting and related documents), which was approved by
shareholders on 14 December 2023, is in the best interests of the company and its shareholders.
Below is an updated indicative timetable for the implementation of the scheme of arrangement. This
updated indicative timetable replaces the indicative timetable provided at paragraph 2.7 of the Explanatory
Notes to the Notice of Special Meeting. BFG will keep the market updated of any changes to this revised
indicative timetable.
Event Date
High Court hearing date Wednesday 8 May 2024
Final orders made by High Court
1
Wednesday 29 May 2024
Record Date
2
5:00pm, Thursday 6 June 2024 (five business
days after the date on which the final orders from
the High Court are made)
Payment to shareholders
3
By Thursday 20 June 2024 (within 10 business
days after the Record Date)
ENDS
Mark Piet
Chief Financial Officer,
Burger Fuel Group Limited
Mark.Piet@Burgerfuel.com
Phone 021 453 333
1
Estimated timeframe.
2
Subject to final orders being made by the High Court on Wednesday 29 May 2024.
3
As above.
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.
Other issuers discussed similar conditions around this time
Matched by meaning across NZX announcement text, not keywords — based on our semantic index of announcement bodies.
- BPG — Black Pearl Group Limited: Capital Change Notice2023-12-04
“Capital Change Notice Updated as at June 2023 Please do not amend or delete individual rows. As this template relates to prescribed content, changes to content should only be made where it is clearly indicated that this is permitted, otherwise, if an Issuer…”
- BPG — Black Pearl Group Limited: Capital Change Notice2023-11-15
“Capital Change Notice Updated as at June 2023 Please do not amend or delete individual rows. As this template relates to prescribed content, changes to content should only be made where it is clearly indicated that this is permitted, otherwise, if an Issuer…”
- BAI — Being AI: Update on the Acquisition of the Being AI Group2024-03-11
“14 3 Regulatory and Approval Matters 3.1 Special meeting of shareholders Shareholders, subject to their eligibility, will vote at the Special Meeting on 28 March 2024 on a total of 14 resolutions to give full effect to the Transaction although resolutions 13 (amendment to…”