(1) In subsection (2) "acquisition", in relation to shares, means acquisition by subscription, purchase, exchange or otherwise.
(2) It shall not be lawful for a company to give any financial assistance for the purpose of an acquisition made or to be made by any person of any shares in the company, or, where the company is a subsidiary, in its holding company.
(3) Subsection (2) is subject to subsections (5) and (6).
(4) The prohibition in subsection (2) applies whether the financial assistance is given -
(a) directly or indirectly; or
(b) by means of a loan or guarantee, the provision of security or otherwise.
(5) Subsection (2) does not prohibit the giving of financial assistance in relation to the acquisition of shares in a company or its holding company if -
(a) the company's principal purpose in giving the assistance is not to give it for the purpose of any such acquisition; or
(b) the giving of the assistance for that purpose is only an incidental part of some larger purpose of th
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