Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barbeques Galore Ltd (In the matter of Barbeques Galore Ltd) [2005] FCA 1520 BARBEQUES GALORE LTD (IN THE MATTER OF BARBEQUES GALORE LTD) NSD1561 OF 2005 EMMETT J 17 OCTOBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1561 OF 2005
IN THE MATTER OF BARBEQUES GALORE LTD
BARBEQUES GALORE LTD
PLAINTIFF
JUDGE: EMMETT J
DATE OF ORDER: 17 OCTOBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Pursuant to paragraph 411(4)(b) and 411(6) of the Corporations Act 2001 (Cth):
a) the scheme of arrangement proposed to be made between the Plaintiff and its ordinary shareholders (a copy of which is annexed to these orders and marked 'A'); and
b) the scheme of arrangement proposed to be made between the Plaintiff and the holders of options to acquire unissued ordinary shares in the Plaintiff (a copy of which is annexed to these orders and marked 'B'),
(the Schemes)are approved. 2. Pursuant to subsection 411(12) of the Corporations Act 2001 (Cth), the Plaintiff is exempted from compliance with subsection 411(11) of the Corporations Act 2001 (Cth) in relation to the Schemes. 3. These orders be entered forthwith. THE COURT NOTES: 1. For the purposes of clause 6.4(b) of the Share Scheme Deed Poll by BBG Australia Pty Limited ACN 113 996 384 dated 16 September 2005 that the following variations have been made:
(a) in the definition of 'Implementation Date' in clause 1.1, replacing the word 'fifth' with the word 'first';
(b) adding to the end of the definition of 'Share Scheme Consideration' in clause 1.1 the words '(less any tax required to be deducted or withheld by BBGA or Galore under any US law)';
(c) in the second sentence of clause 3(b)(1), replacing the number '5' with the number '1' and replacing the word 'Days' with the word 'Day'. 2. For the purposes of clause 7.3(b) of the Option Scheme Deed Poll by BBG Australia Pty Limited ACN 113 996 384 dated 16 September 2005 that the following variations have been made:
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