Eligibility for further public offer hinges on a name-change revenue test or book-building with allocation to institutional buyers. An issuer is eligible for a further public offer if it has not changed its name in the one-year period before filing the offer document; if it has changed its name within that period, eligibility requires that at least fifty per cent of revenue for the preceding full year derive from the activity indicated by the new name. If that revenue test is unmet, the issuer may only proceed via book-building and must allot a substantial majority of the net offer to qualified institutional buyers and refund subscription money if that minimum allotment is not achieved.
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Provisions expressly mentioned in the judgment/order text.
Eligibility for further public offer hinges on a name-change revenue test or book-building with allocation to institutional buyers.
An issuer is eligible for a further public offer if it has not changed its name in the one-year period before filing the offer document; if it has changed its name within that period, eligibility requires that at least fifty per cent of revenue for the preceding full year derive from the activity indicated by the new name. If that revenue test is unmet, the issuer may only proceed via book-building and must allot a substantial majority of the net offer to qualified institutional buyers and refund subscription money if that minimum allotment is not achieved.
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