Filo Corp. takes key step in controversial BHP and Lundin Mining acquisition
- Filo Corp. mailed letters of transmittal to Registered Shareholders and Optionholders regarding an acquisition arrangement.
- The letters outline necessary steps to receive consideration for their Filo Shares as part of the deal.
- Shareholders are urged to ensure timely submission of documentation to prevent delays in the acquisition process.
On December 12, 2024, Filo Corp., based in Vancouver, British Columbia, announced the mailing and filing of letters of transmittal and election forms related to its acquisition process involving BHP Investments Canada Inc. and Lundin Mining Corporation. This acquisition scheme, termed the Arrangement, entails the complete acquisition of all issued and outstanding Filo Shares, except those already held by the Purchaser Parties and their affiliates. Registered holders of Filo Shares, along with option holders, received the letters which detail the necessary documentation and information required for them to claim their respective considerations in this deal. The mailed letters of transmittal are critical for Registered Shareholders and Optionholders, guiding them on how to submit the required documentation to Computershare Investor Services Inc., the appointed Depositary. The process involves instructions on how the stakeholders can elect their preferred form of consideration under the Arrangement. Notably, holders of Filo Shares who access their shares through Europe’s Euroclear Sweden must follow different protocol and send their election forms to Nordic Issuing AB. Filo Corp. has advised its shareholders on potential disruptions caused by Canada Post labor issues, suggesting that they expedite their transactions by hand-delivering their certificates and documents directly to the Depositary. This recommendation aims to mitigate any delays linked to postal disruptions and ensures stakeholders do not miss the election deadline specified in the Letter of Transmittal. Additionally, the company has publicized where to access copies of the Letter of Transmittal in case shareholders have not yet received it due to unforeseen circumstances. As the transaction involve significant considerations with potential impacts on operations, shareholders have been encouraged to refer to the Management Information Circular dated August 26, 2024, for comprehensive insight into the arrangements, risks, and regulatory considerations that may accompany the successful completion of the Arrangement. Filo Corp. wants to ensure that all stakeholders are adequately informed and prepared so that they can effectively navigate this acquisition process efficiently.