Companies Act, 2008 (Act No. 71 of 2008)

Regulations

Companies Regulations, 2011

Chapter 5 : Fundamental Transactions and Takeover Regulations

Part B : General Rules Respecting Negotiations and Offers

96. Conditional Offers

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An offer must not be subject to any condition—

(a)that depends solely on subjective judgment by the directors, or equivalent, of the offeror; or
(b)if the directors, or equivalent, of the offeror are able to control whether or not the condition will be fulfilled.