Takeovers Panel to adjudicate CML tussle
The takeover battle for finance company CML Group has ended up before the Takeovers Panel, which is being asked to rule on an application by CML that one of its suitors, Consolidated Operations Group, cannot vote its shares in CML when shareholders meet to approve a takeover by Scottish Pacific.The Takeovers Panel released a statement yesterday setting out a range of claims and applications in CML's submission.The CML board is backing a scheme of arrangement put forward by Scottish Pacific.Earlier this month, it terminated a scheme implementation agreement with COG, which had been in place since November. It said the Scottish Pacific's proposal was a superior offer.It also said COG had breached the terms of their agreement by buying a 17.4 per cent stake in CML.COG is disputing CML's entitlement to terminate their agreement and has said that it was prepared to match Scottish Pacific's offer.In its application to the Takeovers Panel, CML says entities associated with COG have also acquired CML shares.It is seeking an interim order that COG not vote, sell, transfer or otherwise dispose of any of its CML shares and not acquire any more CML shares.It argues that COG's share acquisition was a breach of the parties' scheme implementation agreement and a confidentiality deed that included standstill provisions.It is seeking final orders that COG must not vote its shares against approval of the Scottish Pacific scheme, that COG's CML shares be vested with ASIC for sale, and that any associated entities of COG be required to lodge corrective substantial holder notices with CML and the ASX.