fc1c2e3c-00b8-4d85-95ea-5edeedc5377c.pdf
PRESS RELEASE
13 JANUARY 2016
NOTICE OF CHANGE OF INTEREST OF SUBSTANTIAL HOLDER FOR ABY
Please find attached a Form 604 - Notice of change of interests of substantial holder from Metals X Limited (Metals X) in Aditya Birla Minerals Limited (ABY) as of 13 January 2016.
Metals X has been advised by its share registry that there was a computational error in the acceptance information provided to Metals X on 12 January 2016. Accordingly, and for completeness, find attached the corrected Form 604 - Notice of change of interests of substantial holder from Metals X in ABY as of 12 January 2016.
ASX Code: MLX
OTCQX Code: MLXEF
Level 3, 18-32 Parliament Place West Perth WA 6005
Australia
[email protected] www.metalsx.com.au
Form 604
Corporations Act 2001 Section 671B
Notice of change of interests of substantial holder
To Company Name/Scheme ADITYA BIRLA MINERALS LIMITED ("ABY")
ACN/ARSN 103 515 037
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Details of substantial holder (1)
Name METALS X LIMITED ("METALS X") and its related bodies corporate listed in "Annexure A" to this notice ("Met Group Entities")
ACN (if applicable) 110 150 055
There was a change in the interests of the substantial holder on
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13/01/2016
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The previous notice was given to the company on
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12/01/2016
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The previous notice was dated
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12/01/2016
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Previous and present voting power
The total number of votes attached to all the voting shares in the company or voting interest in the scheme that the substantial holder or an associate (2) h relevant interest (3) in when last required, and when now required, to give a substantial holding notice to the company or scheme, are as follows:
Class of securities (4)
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Previous notice
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Present notice
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Person's votes
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Voting power (5)
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Person's votes
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Voting power (5)
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Fully Paid Ordinary shares ("ORD")
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56,878,031
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18.15%
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57,145,031
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18.24%
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Changes in relevant interests
Particulars of each change in, or change in the nature of, a relevant interest of the substantial holder or an associate in voting securities of the company o scheme, since the substantial holder was last required to give a substantial holding notice to the company or scheme are as follows:
Date of change
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Person whose relevant interest changed
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Nature of change (6)
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Consideration given in relation to change (7)
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Class and number of securities affected
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Person's votes affected
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13/01/2016
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Metals X Limited and each Metals X Group Entity
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Change in relevant interest as a result of acceptances of offers made under Metals X's off-market takeover bid for all the ordinary shares in ABY on the terms and conditions set out in Metals X's Bidder Statement dated 15 October 2015 ("Offer")
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One fully paid Metals X share for every 4.75 fully paid ABY shares, subject to the terms and conditions of the Offer
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267,000 ORD
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0.09%
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Present relevant interests
Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:
Holder of relevant interest
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Registered holder of securities
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Person entitled to be registered as holder (8)
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Nature of relevant interest (6)
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Class and number of securities
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Person's votes
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Metals X Limited and each Metals X Group Entity
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ABY shareholders to whom the offer was made and who have accepted the Offer
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Metals X Limited and each Metals X Group Entity
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Relevant interest under ss 608(1) and/or 608(8) of the
Corporations Act pursuant to the
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57,145,031 ORD
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18.24%
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acceptances of the
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Offer. The shares
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which are the subject
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of the acceptances
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have not yet been
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transferred into the
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name of Metals X.
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The power of Metals X
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to vote or dispose of
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the shares that are
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subject of the
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acceptances of the
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Offer is qualified since
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Metals X is not yet
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registered as the holder of the shares.
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Changes in association
The persons who have become associates (2) of, ceased to be associates of, or have changed the nature of their association (9) with, the substantial holder in relation to voting interests in the company or scheme are as follows:
Name and ACN (if applicable)
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Nature of association
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Addresses
The addresses of persons named in this form are as follows:
Name
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Address
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Metals X Limited
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Level 3, 18 - 32 Parliament Place, WEST PERTH WA 6005
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Signature
print name Fiona Van Maanen capacity Company Secretary
sign here date 13/01/2016
DIRECTIONS
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If there are a number of substantial holders with similar or related relevant interests (eg. a corporation and its related corporations, or the manager and trustee of an equity trust), the names could be included in an annexure to the form. If the relevant interests of a group of persons are essentially similar, they may be referred to throughout the form as a specifically named group if the membership of each group, with the names and addresses of members is clearly set out in paragraph 6 of the form.
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See the definition of "associate" in section 9 of the Corporations Act 2001.
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See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001.
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The voting shares of a company constitute one class unless divided into separate classes.
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The person's votes divided by the total votes in the body corporate or scheme multiplied by 100.
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Include details of:
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any relevant agreement or other circumstances because of which the change in relevant interest occurred. If subsection 671B(4) applies, a copy of any document setting out the terms of any relevant agreement, and a statement by the person giving full and accurate details of any contract, scheme or arrangement, must accompany this form, together with a written statement certifying this contract, scheme or arrangement; and
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any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers or disposal of the securities to which the relevant interest relates (indicating clearly the particular securities to which the qualification applies).
See the definition of "relevant agreement" in section 9 of the Corporations Act 2001.
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Details of the consideration must include any and all benefits, money and other, that any person from whom a relevant interest was acquired has, or may, become entitled to receive in relation to that acquisition. Details must be included even if the benefit is conditional on the happening or not of a contingency. Details must be included of any benefit paid on behalf of the substantial holder or its associate in relation to the acquisitions, even if they are not paid directly to the person from whom the relevant interest was acquired.
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If the substantial holder is unable to determine the identity of the person (eg. if the relevant interest arises because of an option) write "unknown".
(9)
Give details, if appropriate, of the present association and any change in that association since the last substantial holding notice.