Where a takeover offer requires written notice to the target company of waiver of a defeating condition, and the offer is expressed to be 'subject to the provisions of the Corporations Law', s 109X governs service of that notice. Service by facsimile is effective only when the communication actually comes to the attention of the addressee, not merely when it arrives at the receiving machine. Following the deletion of 'home exchange' from ASX listing rules, s 663(8)(b) requires service of the notice on the Company Announcements Office of the ASX, not merely on a branch office.
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