(1) up to 42,680,000 newly issued shares (or approximately 25% of the total newly issued shares), at a par value of Baht 0.50 per share, will be offered and allocated to shareholders of AMATA Corporation Public Company Limited (“AMATA Corp.”) in proportion to their shareholding. The shareholders of AMATA Corp. will be eligible to subscribe for the newly issued shares of the Company less than or equal to their rights, but shall not exceed their rights. The shareholders of AMATA Corp. will receive the rights to subscribe for the newly issued shares of the Company at the ratio of 25 shares of AMATA Corp. to 1 newly issued share of the Company. The fraction of newly issued shares of the Company resulted from the computation will be discarded. The offering price will be the same as that of the offering price of shares to be offered to the public in paragraph (2). The date for determining the list of shareholders of AMATA Corp. who are entitled to subscribe for the newly issued shares of the Company (Record Date) will be as determined by the Board of Directors of AMATA Corp. Where there are unsubscribed shares from the allocation of shares to shareholders of AMATA Corp. in proportion to their shareholding, those unsubscribed shares will be reallocated to the public as stated in paragraph (2) below.
In this regard, the Company reserves the right not to allocate such newly issued shares to (i) any subscriber if such an allocation will, or may possibly, result in the breach of foreign laws or regulations, or will result in any act required in addition to those already required under the rules and regulations related to issuing and offering securities under Thai law or (ii) any subscriber if such an allocation will, or may possibly, result in the Company not meeting the free float requirement pursuant to the regulation of the Stock Exchange of Thailand; and