1 ASIA KNIGHT BERHAD (“A
Transcription
1 ASIA KNIGHT BERHAD (“A
ASIA KNIGHT BERHAD (“A-KNIGHT” OR THE “COMPANY”) PROPOSED DISPOSAL OF TWO (2) PARCELS OF LAND TOGETHER WITH A HOTEL BY CITIVIEW HOTEL SDN BHD, A WHOLLY-OWNED SUBSIDIARY OF A-KNIGHT FOR A TOTAL CASH CONSIDERATION OF RM17,000,000 (“PROPOSED DISPOSAL”) 1. INTRODUCTION On behalf of the Board of Directors of A-Knight (“Board”), TA Securities Holdings Berhad (“TA Securities”) wishes to announce that Citiview Hotel Sdn Bhd (“Citiview” or “Vendor”), a whollyowned subsidiary of the Company had on 3 March 2015 entered into a sale and purchase agreement (“SPA”) with E-Red Hotel Sdn Bhd (“E-Red” or “Purchaser”) for the proposed disposal of all that freehold land held under Geran 10609 and Geran 10610, Lot 267 and Lot 268, both of Bandar Kuantan, Daerah Kuantan, Negeri Pahang (“Land”) together with hotel premises erected thereon, bearing postal address Lot 113, Seksyen 19, Jalan Haji Abdul Aziz, 25000 Kuantan, Pahang (“Hotel”) (collectively the “Property”) for a total cash consideration of RM17,000,000 (“Disposal Consideration”). 2. INFORMATION ON PURCHASER E-Red was incorporated in Malaysia under the Companies Act, 1965 on 16 October 2012 as a private limited company. As at 23 February 2015, E-Red has an authorised share capital of RM100,000.00 divided into 100,000 ordinary shares of RM1.00 each of which RM100,000 comprising 100,000 ordinary shares of RM1.00 each have been issued and fully paid-up. The principal activities of E-Red are to carry on the business of hotels and to provide all kinds of accommodation, restaurants, entertainment and other services, to carry on business of importers, exporter, manufacturers, producers and merchant in general merchandise and to carry on the business of financiers of hotels. The directors of E-Red as at 23 February 2015 are Ang Beng Poh, Ong Lian Hout and Tan Len Gin. The shareholders of E-Red and their respective shareholding as at 23 February 2015 are as follows:Name Number of shares % 50,000 25,000 25,000 50.00 25.00 25.00 Ang Beng Poh Ong Lian Hout Tai Len Gin 3. DETAILS OF THE PROPOSED DISPOSAL 3.1 Description of the Property The Proposed Disposal entails the disposal of the Land together with a two (2)-star hotel known as Citiview Hotel comprising a ten and a half (10 ½) storey building with one (1) level basement carpark. Further details of the Property are set out as below:Tenure : Freehold Combined land area : 965 square metres (approximately 10,388 square feet) Registered owner : Citiview Hotel Sdn Bhd Number of guest room as per approved building plan : 84 rooms 1 Asia Knight Berhad - Proposed Disposal Number of car park provided by the Hotel : 35 bays (16 out of 35 bays are temporary parking bays) Encumbrance : Charged to HSBC Bank Malaysia Berhad Existing usage : The Property is currently used for hotel operations. Approximate age of the building : 16 years Occupancy rate from 1 January 2014 to 31 December 2014 : 51.94% : RM16,000,000 : RM17,740,000 as at 30 June 2014 Market value (i) Net book value Note:(i) 3.2 Based on the valuation undertaken by the C H Williams Talhar & Wong Sdn Bhd (“Valuer”) vide its valuation letter dated 13 February 2015. Salient Terms of the SPA The salient terms of the SPA are as follows:(a) The Vendor has agreed to sell to the Purchaser and the Purchaser has agreed to purchase the Property free from all encumbrances from the Vendor. (b) Settlement of the Disposal Consideration (c) (i) Prior to the execution of the SPA, the Purchaser shall pay a sum of RM340,000 only being the earnest deposit and part payment towards the Disposal Consideration for the benefit of the Vendor to be released upon Vendor’s execution of the SPA, which the Vendor acknowledges the payment; (ii) Upon the execution of the SPA, the Purchaser shall pay a sum of RM1,360,000, being the balance deposit and part payment towards the Disposal Consideration for the benefit of the Vendor to be released upon the Vendor’s execution of the SPA, which the Vendor acknowledges the payment; (iii) The balance Disposal Consideration or late payment interest (if any) shall be paid to the Vendor’s solicitors on or before four (4) months from the date of the SPA (“Completion Date”) failing which the Vendor shall automatically grant the Purchaser the extension of one (1) month to pay the balance Disposal Consideration with interest at 6.0% per annum on the balance unpaid sum calculated on a daily basis on the balance Disposal Consideration or the remaining part thereof remain unpaid (whichever is lower) at the Vendor’s solicitor’s office. Conditions Precedent The sale, purchase and transfer of the Property shall be conditional upon the approval of the shareholders of the Vendor being obtained on or before the date falling three (3) months from the date of the SPA or any other extended date mutually agreed between the parties in writing. 2 Asia Knight Berhad - Proposed Disposal (d) Real Property Gains Tax (i) The Vendor agrees, covenants and undertakes to the Purchaser to pay all tax payable pursuant to the Real Property Gains Tax Act 1976 (“RPGT Act”) that may be payable in respect of the sale of the Property to the Purchaser and to keep the Purchaser, his estate goods and effects fully indemnified against the aforesaid tax liabilities of the Vendor. (ii) The Vendor and the Purchaser agree, covenant and undertake with each other that each party shall individually at its own cost and expenses notify the Director-General of Inland Revenue by submitting the relevant return forms within sixty (60) days from the date of the SPA. (iii) The Vendor and the Purchaser agree and irrevocably authorise the Purchaser’s solicitors to retain and deal with 3% of the Disposal Consideration in accordance with the current law and practice (“Retention Sum”) and pay the Retention Sum to Director General of Inland Revenue within thirty (30) days from the date of the SPA. (iv) In the event the Purchaser’s solicitors receives the refund of excess payment for real property gains tax from the Director-General of Inland Revenue in favour of the Vendor, the Purchaser’s solicitors will release such refund of excess payment received from the Director-General of Inland Revenue Department to the Vendor’s solicitors. (v) Upon receipt of the notice of assessment served by the Director-General of Inland Revenue Department and where the Retention Sum paid is insufficient to pay for the real property gains tax assessed and/or penalty imposed and payable on the disposal of the Property pursuant to the SPA, the Vendor shall upon being notified thereof immediately pay the difference between the tax payable and the Retention Sum to the Director-General of Inland Revenue. (vi) The Vendor hereby agrees, covenants and undertakes with the Purchaser to keep the Purchaser fully indemnified against all claims, costs, damages, fines or penalties which may be brought, suffered or levied against the Purchaser as a result of the Vendor not complying with any of the provisions of the RPGT Act, including any claims by the Director-General of Inland Revenue arising from any default in payment of any real property gains tax payable on the disposal of the Property pursuant to the SPA. (vii) Any sum set out in the SPA or otherwise payable by the Purchaser to the Vendor shall be deemed to be exclusive of any goods and services tax or tax of similar nature (“GST”) which may be chargeable under the law. If by reason of the introduction of GST after the date of the SPA but prior to the date of payment in full of the Disposal Consideration to the Vendor or prior to the fulfillment of the Conditions Precedent as stipulated in Clause 3.6 above, GST is imposed on the Disposal Consideration or any part thereof by the relevant authorities under any applicable law, the Vendor undertakes to pay GST on behalf of the Purchaser on the Disposal Consideration or any part thereof as imposed as and when the same is due and payable together with interest and penalty imposed (if any). [The rest of this page has been intentionally left blank] 3 Asia Knight Berhad - Proposed Disposal (e) No dealings of Property by Vendor and specific performance Upon execution of the SPA and before the completion of the Proposed Disposal, the Vendor shall not sell, transfer, assign, dispose of or otherwise deal with the Property or create any charge or encumbrance or let or lease the Property or otherwise part with possession of the Property or any part thereof. Notwithstanding any provision herein contained, in the event that the Vendor shall default or willfully refuse to complete the sale herein or be in breach of any covenant or warranty as herein specified, and provided the Purchaser shall have performed and observed the several obligations and liabilities on his part to be performed and observed, then the Purchaser shall be entitled without prejudice to any other rights to which the Purchaser is entitled under the SPA or at law, to specific performance of the SPA or alternatively the Purchaser may terminate the SPA and the Vendor shall be liable to, within seven (7) working days from the date of receipt by the Vendor or the Vendor’s solicitors of the Purchaser’s termination notice, refund or cause to be refunded to the Purchaser the deposit together with all other monies received by/paid to the Vendor or the Vendor’s solicitors or the Vendor’s financier and in addition the Vendor shall pay to the Purchaser a sum equivalent to the deposit as agreed liquidated damages, failing which the Vendor shall be liable to pay late refund interest at the rate of six percent (6%) per annum on all such sum to be refunded and/or payable to the th Purchaser calculated on a daily basis from the eight (8 ) day until the date of full refund and/or payment is made. (f) Default by Purchaser If the Purchaser shall fail to pay the balance Disposal Consideration on or before the Completion Date, then the deposit shall be forfeited to the Vendor as liquidated damages and not by way of penalty and the Vendor shall within seven (7) working days from the return of the issue documents of title, transfer and any other documents belonging to the Vendor and withdrawal of any private caveat lodged by the Purchaser, refund to the Purchaser all other sum or sums paid by the Purchaser to account of the Disposal Consideration free of interest cost or compensation, failing which the Vendor shall be liable to pay late refund interest at the rate of six per cent (6%) per annum on such sum to be refunded and/or payable to the Purchaser th calculated on a daily basis from the eight (8 ) day until the date of full refund and/or payment is made. Upon such refund being made, the SPA shall come to an end and become null and void and of no effect and neither of the parties hereto shall have any further claim against the other under or in respect of the SPA (safe the return of any documents belonging to the Vendor and the Withdrawal of Caveat lodged by the Purchaser) and the Vendor shall have the right to resell the property to such person in such manner at such price and on such terms as the Vendor may think fit and the Purchaser shall have no right to any part of the purchase money thereby arising. 3.3 Basis and justification of arriving at the Disposal Consideration The Disposal Consideration for the Proposed Disposal was negotiated on a willing-buyer and willing-seller basis after taking into consideration the indicative market value of the Property of RM16,000,000 as appraised by the Valuer, appointed by the Company based on the comparison method and the profit method. The Disposal Consideration represents a premium of 6.25% to the indicative market value of the Property as appraised by the Valuer. 3.4 Original cost and date of investment The original cost of investment of the Land and Hotel was RM1,034,309 and RM14,523,399 respectively. The date of investment of the Land was in 1992 and the Hotel was constructed by Citiview from 1997 to 1998. 4 Asia Knight Berhad - Proposed Disposal 3.5 Liabilities to be assumed Save for the obligations and liabilities pursuant to the SPA, there are no other liabilities to be assumed by the Purchaser pursuant to the Proposed Disposal. 4. UTILISATION OF PROCEEDS The total gross proceeds of RM17,000,000 arising from the Proposed Disposal are intended to be utilised in the following manner:Details Estimated timeframe To acquire new business/assets to be identified Working capital (i) (ii) Defrayal of estimated expenses in relation to the (iii) Proposed Disposal RM’000 Within 24 months from the completion of the Proposed Disposal 5,000 Within 24 months from the completion of the Proposed Disposal 11,000 Immediately after the completion of the Proposed Disposal 1,000 17,000 Total Notes:(i) The Company had on 31 October 2014 announced that A-Knight is an affected listed issued under Practice Note 17 of the Main Market Listing Requirements of Bursa Malaysia Securities Berhad (“Listing Requirements”) (“PN17 Company”). As a PN17 Company, A-Knight will have to submit a proposal to regularise its condition within twelve (12) months from the date it announces it is an affected listed issuer. In this regard, the Company intends to use part of the proceeds to acquire new business or assets to be identified which will contribute to the bottomline of A-Knight and its subsidiaries (“A-Knight Group” or “Group”). The Company will make the relevant announcements in the event any transaction materialises in accordance with the Listing Requirements. (ii) The working capital is proposed to be utilised as follows:RM’000 Payment of salaries to staff (including EPF and SOCSO) and director fee 1,113 Retrenchment expenses (pursuant to the Proposed Disposal) 600 Payment for the remaining 5 months installment (May 2015 to September 2015) for the 1,114 acquisition of T-Ventures as announced on 7 April 2014 Audit fee and annual listing fees 295 Operating expenses (Office, utilities, miscellaneous) 878 Settlement of trade payables and other payables 7,000 Total 11,000 (iii) The estimated expenses include professional fees and other related expenses incurred on the Proposed Disposal. Any shortfall or excess in funds allocated for estimated expenses will be funded from or used for working capital purposes. [The rest of this page has been intentionally left blank] 5 Asia Knight Berhad - Proposed Disposal 5. RATIONALE Following the Proposed Disposal, A-Knight will cease its business in hotel operations. Based on the latest audited financial statements of A-Knight for the financial period ending (“FPE”) 30 June 2014, the Group’s Hotel operations contributed revenues of RM4.17 million and segment results (profit before finance cost, shared corporate expenses and taxation) of RM0.187 million. Notwithstanding the above, the Board is of the view that the proceeds arising from the Proposed Disposal will strengthen the Group’s cash flow position and shall be largely utilised to finance the Group’s working capital. In addition, as A-Knight is a PN17 Company, the Board also intends to use part of the proceeds to finance any future investments or assets if suitable in order to regularise the financial position of the Group. 6. FINANCIAL EFFECTS OF THE PROPOSED DISPOSAL 6.1 Share capital and substantial shareholders’ shareholdings The Proposed Disposal will not have any effect on the issued and paid-up share capital and substantial shareholders’ shareholdings of the Company as it does not involve any issuance of shares. 6.2 Earnings and earnings per share (“EPS”) Barring any unforeseen circumstances and on the assumption that the Proposed Disposal will be completed by the second half of year 2015, the Proposed Disposal is expected to result in an estimated net loss on disposal of approximately RM0.74 million to A-Knight for the financial year ending 30 June 2015 after taking into consideration the audited net book value of the Property as at 30 June 2014 of approximately RM17.74 million, translating to a decrease in EPS of approximately 1.27 sen. 6.3 Net Assets (“NA”) and gearing The proforma effects of the Proposed Disposal on the NA, NA per share and gearing of AKnight based on its audited consolidated financial statements for the FPE 30 June 2014 are set out below:Audited as at FPE 30 June 2014 Share capital Capital reserve Accumulated losses Total equity No. of shares in issue NA per share (RM) Total borrowings Gearing (times) RM Proforma effects after the Proposed Disposal RM 58,132,908 2,502,440 (29,318,457) 31,316,891 58,132,908 2,502,440 (i) (31,058,457) 29,576,891 58,132,908 0.54 6,061,797 0.19 58,132,908 0.51 (ii) - Notes:(i) After deducting estimated expenses of RM1,0 million and after taking into consideration the loss of disposal of RM0.74 million. (ii) Based on the latest unaudited financial statements for the period ended 31 December 2014, the Group does not have any borrowings 6 Asia Knight Berhad - Proposed Disposal 7. ADVISER TA Securities has been appointed as the Adviser for the Proposed Disposal. 8. APPROVALS REQUIRED The Proposed Disposal is subject to the following being obtained/fulfilled:(a) the approval of shareholders of A-Knight at an extraordinary general meeting to be convened; and (b) the approvals of other relevant authorities and/or parties, if any. The Proposed Disposal is not conditional upon any other corporate exercise undertaken by the Company, if any. 9. HIGHEST PERCENTAGE RATIO Pursuant to Paragraph 10.02(g) of the Main Market Listing Requirements (“Listing Requirements”) of Bursa Malaysia Securities Berhad (“Bursa Securities”), the highest percentage ratio applicable to the Proposed Disposal is 54.30%, based on the latest audited consolidated financial statements of AKnight for the FPE 30 June 2014. 10. INTEREST OF DIRECTORS, MAJOR SHAREHOLDERS AND PERSONS CONNECTED None of the directors and/or major shareholders of A-Knight and persons connected to them have any interest, direct or indirect in the Proposed Disposal. 11. STATEMENT BY DIRECTORS The Board, having taken into consideration all aspects of the Proposed Disposal, is of the opinion that the Proposed Disposal is in the best interest of the Company. 12. ESTIMATED TIMEFRAME FOR COMPLETION Barring any unforeseen circumstances, the Proposed Disposal is expected to be completed by third quarter of 2015. 13. FINANCIAL CONDITION OF THE COMPANY For information purposes, on 31 October 2014 A-Knight announced that the Company is a Practice Note 17 (“PN17”) Company as defined in Paragraph 8.04 of the Listing Requirements of Bursa Securities. On 30 January 2015, A-Knight announced that the Company is still looking into formulating a plan to regularise its financial condition (“Regularisation Plan”) and the Board is unable to determine if the Regularisation Plan will result in a significant change of business direction or policy of the Company. 7 Asia Knight Berhad - Proposed Disposal 14. DOCUMENTS FOR INSPECTION The following documents are available for inspection at the registered office of A-Knight at No 9, Jalan Bayu Tinggi, 2A/KS6, Taipan 2 Batu Unjur, 41200 Klang, Selangor Darul Ehsan during normal office hours from Monday to Friday (except public holidays) for a period of three (3) months from the date of this Announcement:a) the SPA; and b) the valuation letter dated 13 February 2015, prepared by the Valuer in respect of the valuation of the Property pursuant to the Proposed Disposal. This announcement is dated 3 March 2015. 8