Dispatch of the Renounceable Rights Issue Prospectus
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IMAGION BIOSYSTEMS LIMITED
(ASX: IBX)
01 April 2020
Dispatch of the Renounceable Rights Issue Prospectus
MELBOURNE – Imagion Biosystems Limited (ASX: IBX) (the Company), is pleased to confirm
that the Prospectus, Entitlement and Acceptance Forms the subject of the Company’s
Renounceable Rights Issue announced on Wednesday, 25 March 2020, have been dispatched to
persons entitled.
Under the Rights Issue timetable the rights trading will end on Tuesday, 14 April 2020.
The Renounceable Right Issue Prospectus is attached to this letter.
- ENDS
About Imagion Biosystems
Imagion Biosystems is developing a new non-radioactive and safe diagnostic imaging technology.
Combining biotechnology and nanotechnology the Company aims to detect cancer and other
diseases earlier and with higher specificity than is currently possible. Imagion Biosystems listed
on the Australian Securities Exchange (ASX) in June 2017.
This Announcement has been approved by the Executive Chairman and Presentient
Imagion Biosystems Limited
For further information please visit www.imagionbiosystems.com
U.S. Media Contact:
Matthew Wygant
matthew@biotechwriting.com
+1-408-905-7630
Australian Media & Investor Relations:
Kyahn Williamson, WE Buchan
ImagionBiosystems@we-buchan.com
+61-3-9866-4722
Imagion Biosystems Limited
ACN 616 305 027
Level 25, 525 Collins Street, Melbourne VIC 3000
www.imagionbiosystem.com
IMAGION BIOSYSTEMS LIMITED
ACN 616 305 027
PROSPECTUS
For a renounceable pro rata offer of 204,512,879 Shares at an issue price of $0.01 each on the
basis of 2 Shares for every 5 Shares held at the Record Date, together with a free attaching
New Option on a one for one basis, to raise up to $2,045,129, partially underwritten to
$500,000.
THIS OFFER CLOSES AT 5.00PM AEDT ON TUESDAY, 21 APRIL 2020
VALID ACCEPTANCES MUST BE RECEIVED BEFORE THAT TIME.
Please read the instructions in this Prospectus and on the accompanying Entitlement and Acceptance
Form regarding the acceptance of your Entitlement.
THIS IS AN IMPORTANT DOCUMENT AND REQUIRES YOUR IMMEDIATE ATTENTION. IT SHOULD BE
READ IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS ABOUT THE NEW SHARES BEING OFFERED UNDER
THIS PROSPECTUS, OR ANY OTHER MATTER RELATING TO AN INVESTMENT IN THE COMPANY, YOU
SHOULD CONSULT YOUR PROFESSIONAL ADVISER. THE SHARES OFFERED BY THIS PROSPECTUS ARE OF
A SPECULATIVE NATURE.
THIS DOCUMENT IS NOT FOR PUBLICATION OR DISTRIBUTION, DIRECTLY OR INDIRECTLY, IN OR INTO
THE UNITED STATES OF AMERICA AND IS NOT AN OFFER OF SECURITIES FOR SALE INTO THE UNITED
STATES OF AMERICA, OR TO, FOR THE BENEFIT OR ON THE ACCOUNT OF A US PERSON WITHOUT THE
US WRAP. THE SHARES REFERRED TO IN THIS PROSPECTUS HAVE NOT AND WILL NOT BE REGISTERED
UNDER US SECURITIES ACT, MAY NOT BE OFFERED, SOLD TO, ON BEHALF OF OR FOR THE BENEFIT OF,
A US PERSON, AND NO PUBLIC OFFERING WILL BE MADE IN THE UNITED STATES OF AMERICA WITHOUT
THE US WRAP.
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CORPORATE DIRECTORY
CONTENTS
Directors and Management
Section
Mr Robert Romeo Proulx
Mr Michael John Harsh
Ms Bronwyn Le Grice
Mr David Gerald Ludvigson
Ms Jovanka Naumoska
Mr Mark Gerald Van Asten
Executive Chairman
and President
Non Exec. Director
Non Exec. Director
Non Exec. Director
Non Exec. Director
Non Exec. Director
Company Secretary
Ms Jovanka Naumoska
Registered Office
c/- K&L Gates
Level 25, 525 Collins Street
MELBOURNE, VIC, AUSTRALIA, 3000
Telephone:
+61 3 9205 2000
Stock Exchange Listing
Australian Securities Exchange
ASX Code for Shares: IBX
Description
Page No
Important Notices
3
Proposed Timetable
4
1
Details of the Offer
10
2
Action required by
Shareholders
17
3
Risk Factors
20
4
Effect of the Offer
24
5
Additional Information
28
6
Authorisation
38
7
Glossary of Terms
40
Company Website
http://www.imagionbiosystems.com
Share Registry
Boardroom Pty Limited
Level 12, 225 George Street
SYDNEY, NSW, AUSTRALIA, 2000
Telephone:
(02) 9290 9600
Lead Manager
Mahe Capital
Level 8, 99 St George’s Terrace
Perth, WA, 6000
Solicitors to the Company
K&L Gates
Level 25, 525 Collins Street
Melbourne, Victoria 3000
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IMPORTANT NOTICES
This Prospectus is dated Wednesday, 25 March 2020 and was lodged with ASIC on that date. ASIC and ASX take no
responsibility for the contents of this Prospectus.
No Shares will be issued on the basis of this Prospectus any later than 13 months after the date of this Prospectus,
being the expiry date of this Prospectus.
A copy of this Prospectus is available for inspection at the registered office of the Company at K&L Gates, Level 25,
525 Collins Street, Melbourne, Victoria, Australia, 3000, during normal business hours. The Company will provide a
copy of this Prospectus to any person on request. The Company will also provide copies of other documents on
request (see Section 5.5).
The Company will apply to ASX within 7 days of the date of this Prospectus for Official Quotation by ASX of the Shares
offered by this Prospectus.
The Shares offered by this Prospectus should be considered speculative. Please refer to Section 3 for details relating
to investment risks. This Prospectus may contain forward looking statements that, despite being based on the
Company’s current expectations about future events, are subject to known and unknown risks, uncertainties and
assumptions, many of which are outside the control of the Company and the Directors.
These known and unknown risks, uncertainties and assumptions, could cause actual results, performance or
achievements to materially differ from future results, performance or achievements expressed or implied by forward
looking statements in this Prospectus. These risks, uncertainties and assumptions include, but are not limited to, the
risks outlined in Section 3 of this Prospectus. Forward looking statements include those containing such words as
‘anticipate’, ‘estimate’, ‘believe’, ‘should’, ‘will’, ‘may’ and similar expressions.
Acceptances for Shares by Eligible Shareholders can only be made on an original Entitlement and Acceptance Form
sent with this Prospectus. The Entitlement and Acceptance Form sets out an Eligible Shareholders’ Entitlement to
participate in the Offer.
Applications for Additional Securities must also be made on the Entitlement and Acceptance Form. The issue of
Additional Securities to Shareholders is in the absolute discretion of the Directors. More information on the
Additional Securities Offer is contained in Section 1.6.
No person is authorised to give any information or to make any representation in connection with the Offer, the
Additional Securites Offer and Shortfall Offer which is not contained in this Prospectus. Any information or
representation not so contained may not be relied on as having been authorised by the Company in connection with
the Offer, the Additional Securities Offer and the Shortfall Offer.
No action has been taken to permit the offer of Shares under this Prospectus in any jurisdiction other than Australia
and New Zealand.
The distribution of this Prospectus in jurisdictions outside Australia may be restricted by law and therefore persons
into whose possession this document comes should seek advice on and observe any such restrictions. Any failure to
comply with these restrictions may constitute a violation of those laws. This Prospectus does not constitute an offer
of Shares in any jurisdiction where, or to any person to whom, it would be unlawful to issue this Prospectus.
This Prospectus is a transaction specific prospectus for an offer of continuously quoted securities (as defined in the
Corporations Act) and has been prepared in accordance with section 713 of the Corporations Act. It does not contain
the same level of disclosure as an initial public offering prospectus. In making representations in this Prospectus
regard has been had to the fact that the Company is a disclosing entity for the purposes of the Corporations Act and
certain matters may reasonably be expected to be known by investors and professional advisers whom potential
investors may consult.
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PROPOSED TIMETABLE
Particulars1
Date (2020)
Lodgement of Prospectus with ASIC and provision of copies to ASX
Wednesday, 25 March 2020
Appendix 3B given to ASX
Wednesday, 25 March 2020
Notice sent to security holders containing information required by
Appendix 3B
Thursday, 26 March 2020
“Ex” date – existing shares are quoted on an ex basis and rights
trading starts on a deferred settlement basis
Friday, 27 March 2020
Record Date
Monday, 30 March 2020
Prospectus and Entitlement and Acceptance Form sent to Eligible
Shareholders
Wednesday, 1 April 2020
Rights trading ends
Tuesday, 14 April 2020
Last Day to extend offer closing date
Thursday, 16 April 2020
Closing Date2
Tuesday, 21 April 2020
ASX notified of under subscriptions
Thursday, 23 April 2020
Anticipated date for the issue of the Shares
Tuesday, 28 April 2020
Normal trading of shares commence
Wednesday, 29 April 2020
Notes:
1 Indicative dates only.
2 Subject to the Listing Rules, the Directors reserve the right to extend the Closing Date for the Offer at their discretion.
extension of the Closing Date will have a consequential effect on the anticipated date for issue of the Shares.
Any
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Chairman’s Letter
Dear Investors,
On behalf of the Directors of Imagion Biosystems Limited (Imagion Biosystems or Company), please find
below a Prospectus associated with an offer to participate in a renounceable pro rata offer of shares in
the Company (with free attaching New Options) to raise up to $2,045,129 (before payment of Offer costs).
The Lead Manager of the Offer, Mahe Capital, is partially underwriting the Offer to $500,000.
Imagion Biosystems is a company dedicated to improving healthcare through the early detection of cancer
by developing new non-radioactive and safe diagnostic imaging technology. By combining biotechnology
and nanotechnology, the Company aims to detect cancer and other diseases earlier and with higher
specificity than is currently possible. Imagion Biosystems has been listed on the Australian Securities
Exchange (ASX) since June 2017.
In May of 2019 the Company reported the successful conclusion of toxicology testing of the nanoparticle
injectable formulation for its HER2 metastatic breast cancer test; an important milestone demonstrating
the material should be safe for use in human studies.
In July 2019 the Company received notice from the U.S. Food and Drug Administration (FDA) that the
MagSense System had been designated as a “Breakthrough Device”. Achieving the designation provides
expedited communication with the FDA which will be valuable as the Company is currently seeking
regulatory approval to undertake a first-in-human study.
In July the Company received more than $2 million in R&D tax incentives from the Australian Tax Office
(“ATO”) for its 2018 tax year.
In November 2019 the Company raised $3.3 million in a renounceable rights offer which allowed us to
proceed with qualifying our contract manufacturers that will be responsible for making our material under
current Good Manufacturing Practices, and initiating the purchase of the raw materials and key
equipment to be used to make the material.
The purpose of the Offer is to raise up to $2,045,129. via the issue of 204,512,879 shares in the Company
at an issue price of $0.01 per share to strengthen our balance sheet and provide necessary capital
resources as we work towards accomplishing the business objectives we have communicated in our
recent announcements.
The Board recognizes that the advent of the COVID-19 pandemic has created significant uncertainties
both in capital markets and with regard to general business risks. To-date we have not had any significant
setbacks, however we are acting now to ensure we have capital resources to withstand a possible nearterm temporary disruption.
We are committed to prudent management of our capital resources and protecting our shareholders’
interest through timely achievement of our first clinical study. While the COVID-19 crisis may have nearterm impacts, it does not undo the progress we have made, or alter the importance of our remaining
focused on our goal of undertaking our first clinical study; a milestone which we expect will unlock the
clinical and commercial potential of our technology and the unmet need for early cancer detection.
This Prospectus includes detailed information about the Offer, as well as other details that may be
relevant when assessing an investment in the Company, including the general and specific risks associated
with an investment in the Company, which are in Section 3 of this Prospectus. I encourage you to read
this Prospectus carefully and in its entirety before making your investment decision and, if required,
consult with your stockbroker, solicitor, accountant or other independent professional adviser.
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On behalf of the Board, I present the Offer to you and look forward to your continued support as a
shareholder of the Company and as an advocate for improving cancer care.
Yours sincerely
Robert Proulx
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Investment Overview & Risks
This information is a selective overview only. Prospective investors should read the Prospectus in full
before deciding to participate in this Offer.
Questions
Response
Where to
find more
information
What is the Offer?
The Company is making a renounceable, pro rata offer of Shares
at an issue price of $0.01 each to Eligible Shareholders on the
basis of 2 Shares for every 5 Shares held at the Record Date,
together with a free attaching New Option on a one for one basis,
to raise up to $2,045,129. There is no minimum.
Section 1
Am I an Eligible An Eligible Shareholder is a person registered as the holder of
Shares on the Record Date whose registered address is in the
Shareholder?
United States of America, Australia or New Zealand.
Section 1.3
and 1.14
The Offer is not being extended to any shareholders whose
registered address is outside the United States of America,
Australia or New Zealand.
How
will
the The funds raised under the Offer at the targeted amount are
proceeds of the proposed to primarily be expended to ensure, in light of market
and business conditions related to the COVID-19 pandemic, that
Offer be used?
the company has capital resources to maintain current research
and development and manufacturing programs, and otherwise
for general working capital purposes.
Section 1.2
What are the key There are a number of key specific risks for an investment in the
risks
of
a Company, including the following:
subscription under
Reliance on key personnel;
the Offer?
Regulated industry;
Product risk;
Commercialisation risk;
Product liability;
Competition;
Intellectual property rights;
Going Concern; and
Additional requirement for capital.
Section 3
There are also a number of general risks associated with an
investment in the Company, such as:
COVID-19;
Market conditions;
Economic and government risks;
Litigation; and
Investment risk.
Is
the
Offer The Offer is partially underwritten by the Lead Manager. The
underwritten?
Company will pay underwriting fees and disbursements as
provided for under the Underwriting Agreement. Details of the
Section 1.5
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Underwriting Agreement including circumstances under which
the Underwriter may terminate its obligations are set out in
section 1.5.
The Directors also reserve the right under ASX Listing Rule 7.2
exception 3 to place any Entitlement shortfall at their discretion
at an issue price no less than the Offer Price under this
Entitlement Offer.
Is the Offer subject No.
to any conditions?
Section 1.9
What will be the The following table sets out the dilutionary effect, assuming the
effect of the Offer full amount is raised and no further Shares are issued or option
on control of the exercised:
Company?
Section 1.20
& 1.21
Holding at Record
Date
How do I apply for
New Shares and
Additional
Securities
under
the Offer?
Holding following Offer if
Entitlement not accepted
Holder
Number
%
Entitlement
Number
%
Holder 1
64,099,476
12.5%
25,639,790
64,099,476
9.0%
Holder 2
25,000,000
4.9%
10,000,000
25,000,000
3.5%
Holder3
17,000,000
3.3%
6,800,000
17,000,000
2.4%
Applications for Shares under this Prospectus must be made on
the Entitlement and Acceptance Form which accompanies this
Prospectus and sending it to the Share Registry together with
payment by cheque, or by completing a BPAY® payment, in
accordance with the instructions referred to in this Prospectus
and on the Entitlement and Acceptance Form. Please read the
instructions carefully.
Section 2.2
& 2.5
Can I sell my The rights to Shares under the Offer are renounceable.
Entitlements under Accordingly, you may trade your rights on ASX and dispose of
the Offer?
your rights to subscribe for Shares to any other party.
Section 1.8
How
will
Additional
Securities
allocated?
Section 1.7
the In the event that not all Eligible Shareholders accept their full
Entitlement pursuant to the Offer, the Company is offering
be Additional Securities to Eligible Shareholders on the terms and
conditions in this Prospectus.
If Shareholders wish to apply for Additional Securities they should
complete the relevant section of the Entitlement and Acceptance
Form. Refer to Section 2.5 for instructions as to how to apply for
Additional Securities.
Further, Board intends to allow the Lead Manager to place up to
the entire Shortfall within 3 months in accordance with ASX
Listing Rule 7.2 Exception 3. The allocation policy will be as
directed by the Board.
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How can I obtain further You can obtain further information from:
advice?
Your accountant, solicitor, stockbroker or other
independent professional financial advisor;
From the Share Registry, Boardroom Pty Ltd on
1300 737 760 between 8.30am and 5.00pm
(Melbourne time) Monday to Friday;
From the Company by contacting the Company
Secretary, Jovanka Naumoska at
corpsecretary@imagionbio.com or +1 619 693
4432.
Section 1.22
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1.
Details of the Offer
1.1
The Offer
The Company is making a renounceable, pro rata offer of Shares at an issue price of $0.01 each
to Eligible Shareholders on the basis of 2 Shares for every 5 Shares held at 5.00 pm (AEDT) on
the Record Date (Offer).
A minimum of Nil Shares and a maximum number of 204,512,879 Shares may be issued pursuant
to this Prospectus.
The issue price under the Offer of $0.01 per Share represents a 38% discount to the volume
weighted average price of the Company’s shares on the ASX (VWAP) calculated over the 30
trading days prior to the date of this Prospectus and a 67% discount to the VWAP over the 90
trading days prior to the date of this Prospectus.
The Prospectus is also for the offer of the Additional Securities and Offer of Shortfall Shares.
Shareholders are entitled to participate in the offer of the Additional Securities by completing
the relevant sections of the Entitlement and Acceptance Form. Refer to Sections 1.6 and 1.7 for
further information.
Refer to Section 5.1 for a summary of the rights attaching to the Shares.
1.2
Purpose of the Offer
Completion of the issue of Shares offered by this Prospectus will result in an increase in the cash
on hand of up to $2,045,129 (before payment of Offer costs). At the date of this Prospectus the
Company has approximately $1.6 million in cash.
In addition to the funds raised in the offer the company has filed for its 2019 R&D tax credit in
the first calendar quarter of 2020 and anticipates receiving approximately $2 million in the tax
incentive refund.
The funds raised under the Offer are proposed to primarily be expended to ensure, in light of
market and business conditions related to the COVID-19 pandemic, that the company has capital
resources to maintain current Research and Dvelopment and manufacturing programs, and
otherwise for general working capital purposes.
A breakdown of the use of funds is as follows:
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Description
A$
Funds raised under the Offer (before payment of the costs of the Offer)
$2,000,000
Working capital at the time of the offering
$1,566,000
R&D tax cedit expected in early 2020
$2,120,000
Total sources of funding
$5,686,000
cGMP production and testing of nanoparticle formulation for use in first human study
$1,153,000
R&D Support, Regulatory and Clinical costs to undertake a first in human study
$2,337,000
General business operations and working capital
$1,976,000
Costs of Offer
Total uses of funds
$220,000
$5,686,000
Actual expenditure may differ significantly from the above estimates due to a number of factors
including the outcome of operational and commercialisation activities, regulatory development,
market and general economic conditions and other factors (including the risk factors outlined in
Section 3).
Unallocated working capital may be utilised by the Company to pay for cost overruns in
budgeted expenditures (if any), and in the administration of the Company.
1.3
Your Entitlement and acceptance
Your Entitlement to participate in the Offer will be determined on the Record Date, being
Monday, 30 March 2020. The Entitlement of Eligible Shareholders receiving this Prospectus is
shown on the Entitlement and Acceptance Form sent to Eligible Shareholders with this
Prospectus.
You may accept all or only part of your Entitlement. If your acceptance exceeds your
Entitlement, unless you apply for Additional Securities (refer to Section 1.6), acceptance will be
deemed to be for your maximum Entitlement and any surplus Application Monies will be
returned (without interest).
1.4
Opening and Closing Dates
The Company will accept Entitlement and Acceptance Forms from the Record Date for
determining Eligible Shareholders’ Entitlements, being Monday, 30 March 2020, until 5.00pm
AEDT on the Closing Date or such other date as the Directors in their absolute discretion shall
determine, subject to the requirements of the Listing Rules.
1.5
Underwriting
The Offer is partially underwritten to $500,000.
Under the Underwriting Agreement, the Company has agreed to pay the Underwriter a
management fee of 1.0% of the total offer proceeds and an underwriting fee totalling 5.0% of
the underwritten amount (plus GST) in consideration of the Underwriter performing its
obligations under the Underwriting Agreement.
Under the Underwriting Agreement, the Underwriter must procure subscriptions (including by
appointing sub-underwriters) for the difference between the amount underwritten and the
amount raised under the Entitlement Offer.
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The Underwriter may terminate its obligations to underwrite the Entitlement Offer under the
Underwriting Agreement with the Company in circumstances typically found in agreements of
this nature (in certain of these circumstances including having regard to the materiality of the
success, settlement or marketing of the Offer) if the circumstances arise in relation to the
Entitlement Offer. These circumstances include, without limitation:
(a)
ASIC applies for certain orders or commences certain investigations in relation to the
Company under the Corporations Act
(b)
management or Board Certificates required to be provided to the Underwriter are
not furnished when required or are defective in any material respect;
(c)
this Offer Document or any aspect of the Entitlement Offer does not comply in any
material respect with the Corporations Act or the ASX Listing Rules or any other
applicable law;
(d)
the Company alters its capital structure or constitution without the prior written
consent of the Underwriter;
(e)
any member of the Company group is insolvent;
(f)
the Company is prevented from issuing the Entitlement Offer Shares within the time
required by the Listing Rules or applicable laws;
(g)
the Company withdraws all or any part of the Entitlement Offer or indicates that it
does not intend to or is unable to proceed with the Offer;
(h)
unconditional approval by ASX for official quotation of the Shares is not granted (or is
withdrawn) by the timetabled date or ASX makes an official statement that it will not
be granted;
(i)
the S&P/ASX 200 index falls by 7.0% or more below its level (on the business day
before the date of the Underwriting Agreement was signed) for 2 consecutive
business days between (and including) that date and the respective settlement dates.
(j)
there is an adverse change, or an event occurs which is likely to give rise to an
adverse change, in the business, assets, liabilities, financial position or performance,
profits, losses, results, operations or prospects of the Group;
(k)
a representation or warranty made or given by the Company under the underwriting
agreement is breached or proves to be, or has been, or becomes, untrue or incorrect
or misleading or deceptive;
(l)
there is introduced, or there is a public announcement of a proposal to introduce,
into the Parliament of Australia or any State of Australia a new law, or the Reserve
Bank of Australia, or any Commonwealth or State, adopts or announces a proposal to
adopt a new policy any of which does or is likely to prohibit or restrict the
Entitlement Offer, capital issues or stock markets or materially adversely affects the
Group;
(m)
the occurrence of a suspension or material limitation (for at least one Business Day)
in trading in securities generally on ASX, the New York Stock Exchange, the Hong
Kong Stock Exchange, the Singapore Stock Exchange or the London Stock Exchange or
a suspension (for at least one Business Day) in trading in the securities of the
Company on ASX (other than pursuant to a trading halt); or
As is customary with these types of underwriting arrangements:
(n)
the Company has agreed to indemnify the Underwriter, its officers, employees, and
agents and advisers against losses incurred in connection with the Entitlement Offer,
the Offer Document and the performance of the Underwriting Agreement other than
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where the losses have resulted from the fraud, wilful default, breach of contract or
negligence of the indemnified person or in certain other circumstances; and
(o)
the Company has provided a full range of warranties and representations to the
Underwriter, including about the Entitlement Offer and its compliance with
applicable laws.
The Underwriter has given, and at the time of lodgement of this Offer Document, has not
withdrawn its consent to be named as the Underwriter to the offer of Shares under this Offer
Document, in the form and context in which it is named. The Underwriter was not involved in
the preparation of any part of this Offer Document and did not authorise or cause the issue of
this Offer Document. The Underwriter makes no express or implied representation or warranty
in relation to the Company, this Offer Document or the Entitlement Offer and do not make any
statement in this Offer Document, nor is any statement in it based on any statement made by
the Underwriter. To the maximum extent permitted by law, the Underwriter expressly disclaims
and takes no responsibility for any material in, or omission from, this Offer Document other than
the reference to its name.
1.6
Application for Additional Securities
Any Entitlements not taken up may become available as Additional Securities. Eligible
Shareholders (other than Directors and related parties of the Company) may, in addition to their
Entitlement, apply for Additional Securities, by completing the accompanying Entitlement and
Acceptance Form in accordance with the instructions set out on that form.
It is possible that there will be few or no Additional Securities available for issue, depending on
the level of take up of Entitlements by Eligible Shareholders. There is also no guarantee that in
the event Additional Securities are available for issue, they will be allocated to all or any of the
Eligible Shareholders who have applied for them.
It is an express term of the Entitlement Offer that Applicants applying for Additional Securities
will be bound to accept a lesser number of Additional Securities allocated to them than applied
for, if so allocated. If a lesser number of Additional Securities is allocated to them than applied
for, excess Application Monies will be refunded without interest. The Company together with
the Underwriters reserve the right to scale back any applications for Additional Securities in its
absolute and sole discretion. When determining the amount (if any) by which to scale back an
application, the Company and the Underwriters may take into account a number of factors,
including the size of an Applicant’s shareholding in the Company, the extent to which an
Applicant has sold or bought Shares in the Company before and after both the announcement
of the Entitlement Offer and the Record Date, as well as when the application was made.
Refer to Section 2.5 for instructions as to how to apply for Additional Shares.
1.7
Shortfall Offer
The Directors as permitted under ASX Listing Rule 7.2 exception 3 reserve the right at their
discretion to place any Shortfall remaining after the satisfaction of applications for New Shares
by Eligible Shareholders (including applications for Additional Securities made in accordance
with Section 1.6 (Shortfall Offer). The Shortfall Offer is a separate offer made pursuant to the
Prospectus, on the same terms and conditions as the Entitlement Offer, and will remain open
for up to three months from the Closing Date unless closed earlier.
Any investor who is not an Eligible Shareholder at the Record Date and who the Company invites
to participate in the Shortfall Offer, will need to follow the procedures advised to them by the
C
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