UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form CB
TENDER OFFER/RIGHTS OFFERING NOTIFICATION FORM
Please place an X in the box(es) to designate the appropriate rule provision(s) relied upon to file this Form:
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Securities Act Rule 801 (Rights Offering) |
o |
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Securities Act Rule 802 (Exchange Offer) |
x |
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Exchange Act Rule 13e-4(h)(8) (Issuer Tender Offer) |
o |
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Exchange Act Rule 14d-1(c) (Third Party Tender Offer) |
x |
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Exchange Act Rule 14e-2(d) (Subject Company Response) |
o |
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Filed or submitted in paper if permitted by Regulation S-T Rule 101(b)(8) |
o |
Note: Regulation S-T Rule 101(b)(8) only permits the filing or submission of a Form CB in paper by a party that is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act.
ERA Mining Machinery Limited
(Name of Subject Company)
Not applicable.
(Translation of Subject Companys Name into English (if applicable))
Cayman Islands
(Jurisdiction of Subject Companys Incorporation or Organization)
Caterpillar Inc.
(Name of Person(s) Furnishing Form)
Ordinary Shares
Options to Subscribe for Ordinary Shares
(Title of Class of Subject Securities)
Not applicable.
(CUSIP Number of Class of Securities (if applicable))
Lee Jong-Dae
Executive Director
ERA Mining Machinery Limited
Unit 9B, 9th Floor, Shun Ho Tower
24-30 Ice House Street, Central
Hong Kong
+852 2521 0080
(Name, Address (including zip code) and Telephone Number (including area code) of
Person(s) Authorized to Receive Notices and Communications on Behalf of Subject Company)
Copies to:
James B. Buda Senior Vice President and Chief Legal Officer Caterpillar Inc. 100 NE Adams Street Peoria, Illinois 60629, USA 309.675.1000 |
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Kenneth A. K. Martin Freshfields Bruckhaus Deringer 11th Floor, Two Exchange Square 8 Connaught Place, Central Hong Kong +852 2846 3400 |
April 30, 2012
(Date Tender Offer/Rights Offering Commenced)
PART I - INFORMATION SENT TO SECURITY HOLDERS
Item 1. Home Jurisdiction Documents
The following documents are attached as exhibits to this Form CB:
Exhibit No. |
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Document |
99.1 |
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Composite offer and response document in relation to the voluntary conditional offer, dated April 30, 2012 |
99.2 |
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Form of Share Offer Acceptance |
99.3 |
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Form of Option Offer Acceptance |
99.4 |
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Joint Announcement relating to the dispatch of composite document in relation to the voluntary conditional offer, dated April 30, 2012 |
Item 2. Informational Legends
The required legends have been included in prominent portions of Exhibit 99.1 referred to in Item 1.
PART II - INFORMATION NOT REQUIRED TO BE SENT TO SECURITY HOLDERS
Not applicable.
PART III - CONSENT TO SERVICE OF PROCESS
Not applicable.
PART IV - SIGNATURES
After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
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/s/ James B. Buda |
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(Signature) |
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James B. Buda Senior Vice President and Chief Legal Officer |
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(Name and Title) |
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April 30, 2012 |
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(Date) |
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