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17.—(1) Subject to paragraph (2), a person is not guilty of an offence under article 15 if the financing of the listed enterprise takes place pursuant to an obligation, contract or agreement which arose or was concluded before the date on which the enterprise was first listed as indicated in Annex V or Annex VII to the Regulation.
(2) Paragraph (1) does not apply where the financing of a listed enterprise consists of—
(a)an increase in a participation or shareholding in the enterprise unless the person informs the Governor of their intention to undertake such an increase before it takes place; or
(b)the acquisition of a participation or shareholding in a listed enterprise.
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