ASCIANO LTD The Manager
Company Announcements Office ASX Limited
22 January 2016
Matter 82444782
Dear Sir/Madam
Takeover bid by Nitro Corporation Pty Ltd for Asciano Limited Notice of Variation (extension of offer period)
We act for Nitro Corporation Pty Ltd (the Acquirer) in relation to its off-market takeover offer for all the fully paid ordinary shares in Asciano Limited (Asciano).
Please see attached a formal notice of variation which was lodged with ASIC and Asciano today (and which will be sent to Asciano shareholders) that extends the offer period, together with a copy of the letter sent to Asciano shareholders accompanying the notice of variation.
Philippa Stone
Partner
Herbert Smith Freehills
+61 2 9225 5303
+61 416 225 576
philippa.stone@hsf.com
Jason Jordan
Senior Associate Herbert Smith Freehills
+61 3 9288 1535
+61 423 499 095
jason .jordan@hsf .com
Herbert Smith Freehills LLP and its subsidiaries and Herbert Smith Freehills, an Australian Partnership ABN 98 773 882 646, are separate member firms of the international legal practice known as Herbert Smith Freehills.
Doc 49730564.2
BrookfieldNitro Corporation Ply Ltd
ACN 607 605 701
Level 22
135 King Street
SYDNEY NSW 2000
f- 0 0 0 0 0 1 000
MR SAM SAMPLE FLAT 123
123 SAMPLE STREET THE SAMPLE HILL SAMPLE ESTATE SAMPLEVILLE VIC 3030
GPO Box 172
Sydney NSW 2001
Telephone : +61 2 9322 2000
Facsimile: +61 2 9322 2001 www .brookfleld.com
22 January 2016
Dear Shareholder
Extension of the offer by Nitro Corporation (an indirect subsidiary of Brookfield Infrastructure Partners LP.)Nitro Corporation Pty Ltd (the Acquirer) has extended the offer period under its takeover bid for all the fully paid ordinary shares in Asciano Limited (Asciano).
The offer is now scheduled to close at 7.00pm (Sydney time) on 5 February 2016.
A formal notice of variation required by the Corporations Act 2001 (Cth) is enclosed.
If you have already accepted the Acquirer's offer you need not take any action. If you have not, I strongly urge you to accept the offer without delay .
If you have any queries in relation to how to accept the offer or any other matter relating to the takeover bid, please contact the Acquirer's offer information line on 1300 395 895 (within Australia) or +61 3 9415 4079 (outside Australia).
Yours faithfully
ewart Upson
irector
Nitro Corporation Pty Ltd
Samples/00000 I /00000 I Ii 12
A copy of this notice was lodged with ASIC on 22 January 2016. ASIC takes no responsibility for the contents of this notice.
Nitro Corporation Pty Ltd
Takeover offer for Asciano Limited
To: Australian Securities and Investments Commission (ASIC)
ASX Limited
Asciano Limited (Asciano)
Each person to whom offers were made under the takeover bid referred to in this notice.
Nitro Corporation Pty Ltd ACN 607 605 701 (the Acquirer) gives notice that its takeover offers for all of the ordinary shares in Asciano contained in its replacement bidder's statement dated 10 December 2015 are varied by extending the period during which the offer will remain open so that the offer will now close at 7.00pm (Sydney time) on 5 February 2016.
Accordingly, the new date for the purposes of giving notice of the status of defeating conditions will be 29 January 2016.
As at the date of this notice, the offers have not been freed of the defeating conditions and, so far as the Acquirer knows, none of the conditions to the offers have been fulfilled.
DATED: 22 January 2016
Signed for and on behalf of
Nitro Corporation Pty Ltd by
S wart Upson
Director
Asciano Ltd. issued this content on 2016-01-22 and is solely responsible for the information contained herein. Distributed by Public, unedited and unaltered, on 2016-01-22 00:24:08 UTC
Original Document: http://phx.corporate-ir.net/external.file?t=2&item=o8hHt16027g9XhJTr8+weNRYaV9bFc2rMd0Q/AXw4zvOVw3gABbRwiMPfzWC3oBA+tuEcRo9UcJJjDkqK5ZN0x4xaEbQ6sO6l4WfpVcl6klOCS0xxa9JtsDueBe5cdQujuyr2tA/oEUbFb1ZJpphAA==&cb=635890168460760641
