ASE Inc. Receives Standard Exemptions from the Singapore Code on Take-Overs and Mergers for Proposed Acquisition of ASE Test
October 31 2007 - 6:00AM
PR Newswire (US)
TAIPEI, Taiwan, Oct. 31 /Xinhua-PRNewswire-FirstCall/ -- Advanced
Semiconductor Engineering, Inc. ("ASE Inc.") (TAIEX: 2311; NYSE:
ASX) today announced that the Securities Industry Council of
Singapore ("SIC") has ruled that the proposed acquisition by ASE
Inc. of the remaining shares of its majority-owned subsidiary ASE
Test Limited ("ASE Test"), which ASE Inc. does not directly or
indirectly own, through a scheme of arrangement under Singapore law
(the "Proposed Scheme"), will be conditionally exempted from
certain rules of the Singapore Code on Take-overs and Mergers (the
"Code"). The SIC has ruled that the Code generally applies to the
Proposed Scheme, but has granted certain standard exemptions,
subject to the following conditions: (1) that ASE Test shareholders
acting in concert with ASE Inc. abstain from voting on the Proposed
Scheme; (2) that directors of ASE Test who are also directors of
ASE Inc. abstain from making a recommendation on the Proposed
Scheme to ASE Test shareholders; (3) that ASE Test appoint an
independent financial adviser to advise ASE Test shareholders on
the Proposed Scheme; and (4) that ASE Inc. consult with the SIC
prior to invoking any of the conditions to the consummation of the
Proposed Scheme. The Proposed Scheme is subject to the requisite
approval of ASE Test shareholders and other customary closing
conditions. If the requisite approval of ASE Test shareholders is
obtained and the other closing conditions are met, the Proposed
Scheme is currently expected to be consummated during the first
quarter of 2008. ASE Inc. today also announced that it does not
intend to revise the consideration offered in the Proposed Scheme
(the "Scheme Consideration"). Accordingly, pursuant to the
provisions of Rule 20.2 of the Code, ASE Inc. will not be permitted
under the provisions of the Code to increase the Scheme
Consideration or amend the terms of the offer made by it to ASE
Test shareholders in connection with the Proposed Scheme. Further,
in the event the Scheme fails due to insufficient votes required to
obtain the requisite approval of ASE Test shareholders, pursuant to
the provisions of Rule 33.1 of the Code, ASE Inc. will not be
permitted to make a further or new offer for the shares of ASE Test
for a period of 12 months from the date the Scheme fails, unless
the consent of the SIC is obtained. In connection with the Proposed
Scheme, ASE Inc. and ASE Test will file a statement on Schedule
13E-3 with the U.S. Securities and Exchange Commission, which will
contain the disclosure document for the Proposed Scheme (the
"Scheme Document"). The final Scheme Document will be mailed to ASE
Test shareholders when it is available. ASE Test shareholders are
encouraged to read the Scheme Document, which will contain
important information regarding the Proposed Scheme. About ASE Inc.
ASE Inc. is one of the world's largest independent provider of
integrated circuit ("IC") packaging services and, together with its
approximately 51% owned subsidiary ASE Test Limited (NASDAQ:ASTSF),
the world's largest independent provider of IC testing services,
including front-end engineering test, wafer probe and final test
services. ASE Inc. currently has approximately more than 200
international customers. With advanced technological capabilities
and a global presence spanning Taiwan, Korea, Japan, Singapore,
Malaysia and the United States, ASE Inc. has established a
reputation for reliable, high quality products and services. For
more information, visit our website at http://www.aseglobal.com/.
The common shares of ASE Inc. are listed on the Taiwan Stock
Exchange under the symbol "2311". The American Depository Receipts
of ASE Inc. are listed on the New York Stock Exchange under the
symbol "ASX". The directors of ASE Inc. (including any director who
may have delegated detailed supervision of this press release) have
taken all reasonable care to ensure that the facts stated and
opinions expressed in this press release are fair or accurate and
that no material facts have been omitted from this press release
and they jointly and severally accept responsibility accordingly.
Where any information has been extracted from published or publicly
available sources the sole responsibility of the directors of ASE
Inc. has been to ensure, through reasonable enquiries, that such
information is accurately extracted from such sources or, as the
case may be, reflected or reproduced in this press release.
Forward-Looking Statements All statements other than statements of
historical facts included in this press release are or may be
forward looking statements. Forward-looking statements include but
are not limited to those using words such as "seek", "expect",
"anticipate", "estimate", "believe", "intend", "project", "plan",
"strategy", "forecast" and similar expressions or future or
conditional verbs such as "will", "would", "should", "could", "may"
and "might". These statements reflect ASE Inc.'s current
expectations, beliefs, hopes, intentions or strategies regarding
the future and assumptions in light of currently available
information. Such forward-looking statements are not guarantees of
future performance or events and involve known and unknown risks
and uncertainties. Accordingly, actual results may differ
materially from those described in such forward-looking statements.
Shareholders and investors should not place undue reliance on such
forward-looking statements, and ASE Inc. and Citi undertake no
obligation to update publicly or revise any forward-looking
statements. For further information please contact: ASE Inc.
Citigroup Global Markets Taiwan Ltd. Tel: +852-2501-2035 Freddie
Liu (Vice President) Tel: +886-2-8780-5489 DATASOURCE: Advanced
Semiconductor Engineering, Inc. CONTACT: Citigroup Global Markets
Taiwan Ltd., +852-2501-2035, or Freddie Liu, Vice President of ASE,
+886-2-8780-5489 Web Site: http://www.aseglobal.com/
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