The Company notes that at 7.16pm (HK time) on 15 December 2023 there was a media report stating that a so-called ad hoc group of bondholders had “a blocking stake of at least 25% in principal across all five tranches of the notes”. The statement is untrue and highly prejudicial. 

 

The Company wishes to clarify that it was notified by the information and tabulation agent at 3:28pm (HK time) on 15 December 2023 that holders of more than 75% of the outstanding principal amount of at least one tranche of the Notes had already voted in favour of the consent solicitation. 

 

The Company regrets that the untrue statement was made, and notes the potential for the untrue statement to halt the submission of any further votes in support of the consent solicitation exercise before the expiry of the voting deadline by implying that the exercise of any vote in favour would be futile.

 

The disclosure of false information of this nature is a serious matter. The Company notes sections 277 and 298 of the Securities and Futures Ordinance, pursuant to which the reckless or negligent disclosure of misleading information gives rise to civil liability for damages (including potentially for losses suffered by the Company, its creditors, and its shareholders) and/or criminal liability for any person who “discloses, circulates, or disseminates, or authorises or is concerned in the disclosure, circulation or dissemination” of such information. The Company fully reserves all of its rights including its rights to seek compensation in respect of any losses suffered arising out of or in connection to any such misleading information. 

 

The Company is deeply concerned by these apparent efforts to influence the outcome of the consent solicitation and urges its creditors to exercise extreme caution against false information that is plainly targeted at and intended to influence the creditors who are able to vote in the consent solicitation.

 

In light of the circulation of such untrue statement before the expiry of the voting deadline, the Company hereby extends the voting deadline to 4pm (London time) on 18 December 2023 to enable voters additional time to vote.