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DEEP YELLOW LIMITED Share Issue/Capital Change 2006
64808_rns_2006-03-22_0aeabf73-4bf3-4277-9cab-3a6b1defc142.pdf
Share Issue/Capital Change
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L 1, 329 Hay St, Subiaco WA 6008 PO Box 1770 Subiaco WA 6990
Tel: 08 9286 6999 Fax: 08 9286 6969 [email protected] www.deepyellow.com.au
ABN 97 006 391 948
23 March 2006
The Companies Announcement Office Australian Stock Exchange Limited Level 10 Exchange Centre 20 Bond Street SYDNEY NSW 2000
Dear Sirs
OPTION EXERCISE
The Company has received notice from a former director Mr James Pratt exercising 5,000,000 options which had been issued to him on 4 March 2005.
The Directors have resolved to issue the shares pursuant to the exercise notice, please find attached an Appendix 3B notifying the market and applying for quotation.
Yours faithfully
Vielle
MARK PITTS Company Secretary
Rule 2.7, 3.10.3, 3.10.4, 3.10.5
Appendix 3B
New issue announcement, application for quotation of additional securities and agreement
Information or documents not available now must be given to ASX as soon as available. Information and documents given to ASX become ASX's property and may be made public.
Introduced 1/7/96. Origin: Appendix 5. Amended 1/7/98, 1/9/99, 1/7/2000, 30/9/2001, 11/3/2002, 1/1/2003.
Name of entity
DEEP YELLOW LIMITED
ABN
97 006 391 948
We (the entity) give ASX the following information.
Part 1 - All issues
You must complete the relevant sections (attach sheets if there is not enough space).
$\mathbbm{I}$ $\pm$ Class of $\pm$ securities issued or to be issued
Ordinary Shares
$\overline{2}$ Number of +securities issued or to be issued (if known) or maximum number which may be issued
3 Principal terms of the *securities (eg, if options, exercise price and date; if partly expiry paid *securities, the amount outstanding and due dates for payment; if *convertible securities, the conversion price and dates for conversion)
5,000,000
$N/A$
+ See chapter 19 for defined terms.
| 4 | Do the securities rank equally in all respects from the date of allotment with an existing class of quoted *securities? |
those already on issue. | The shares to be issued will rank equally with |
|---|---|---|---|
| If the additional securities do not rank equally, please state: the date from which they do the extent to which they participate for the next dividend, the case of (in $\mathbf{a}$ trust. distribution) or interest payment the extent to which they do not rank equally, other than in relation to the next dividend, distribution or interest payment |
|||
| 5 | Issue price or consideration | 2 cents | |
| 6 | Purpose of the issue (If issued as consideration for the acquisition of assets, clearly identify those assets) |
Exercise of options. | |
| 7 | Dates of entering *securities into uncertificated holdings or despatch of certificates |
25 March 2006 | |
| Number | * Class | ||
| 8 | Number elass of all and quoted securities ASX. on (including the securities in clause 2 if applicable) |
681,476,524 (To be confirmed depending on acceptances of current entitlement issue) |
ORD |
$+$ See chapter 19 for defined terms.
| Number | * Class | ||
|---|---|---|---|
| 9 | and + class of Number all |
160,000 | Unlisted options |
| "securities not quoted on ASX | $1/1/07$ at 35c | ||
| (including the securities in clause 2 if applicable) |
|||
| 25,000,000 | ÷÷. 44 |
||
| 31/12/07 at 1c | |||
| 5,000,000 | نانا 44 |
||
| 31/12/07 at 2c | |||
| 5,000,000 | 44 44 |
||
| 31/12/07 at 7.5c | |||
| 12,500,000 | 44 44 |
||
| 31/7/08 at 12c | |||
| 44 44 |
|||
| 6,000,000 | |||
| 31/12/08 at 25c | |||
| 4,000,000 | 44. 44 |
||
| 31/12/08 at 35c | |||
$10\,$ Dividend policy (in the case of a trust, distribution policy) on the increased capital (interests)
$\rm N/A$
Part 2 - Bonus issue or pro rata issue
| $\mathbf{1}$ | holder security approval Is. required? |
|
|---|---|---|
| 12 | Is the issue renounceable or non- renounceable? |
|
| 13 | Ratio in which the "securities will be offered |
|
| 14 | Class of securities to which the offer relates |
|
| 15 | determine ÷Record date 10 ° entitlements |
|
| 16 | Will holdings on different registers (or subregisters) be aggregated for calculating entitlements? |
$\overline{\text{+}$ See chapter 19 for defined terms.
Appendix 3B New issue announcement
| 17 | Policy for deciding entitlements in relation to fractions |
|
|---|---|---|
| 18 | Names of countries in which the entity has *security holders who will not be sent new issue documents |
|
| Note: Security holders must be told how their entificments are to be dealt with. Cross reference: rule 7.7. |
||
| 19 | Closing date for receipt οf acceptances or renunciations |
|
| 20 | Names of any underwriters | |
| 21 | Amount of any underwriting fee or commission |
|
| 22. | Names of any brokers to the issue | |
| 23. | Fee or commission payable to the broker to the issue |
|
| 24 | Amount of any handling fee payable to brokers who lodge acceptances or renunciations on behalf of *security holders |
|
| 25. | If the issue is contingent on "security holders" approval, the date of the meeting |
|
| 26 | Date entitlement and acceptance form and prospectus or Product Disclosure Statement will be sent to persons entitled |
|
| 27 | If the entity has issued options, and the terms entitle option holders to participate on exercise, the date on which notices will be sent to option holders |
|
| 28. | Date rights trading will begin (if applicable) |
|
| 29. | Date rights trading will end (if applicable) |
$+$ See chapter 19 for defined terms.
- 30 How do *security holders sell their entitlements in full through a broker?
- 31 How do *security holders sell part of their entitlements through a broker and accept for the balance?
- How do +security holders dispose 32 of their entitlements (except by sale through a broker)?
- 33 *Despatch date
Part 3 - Ouotation of securities
You need only complete this section if you are applying for quotation of securities
34 Type of securities $(tick one)$
$(a)$
$(b)$
- Securities described in Part 1
- All other securities
Example: restricted securities at the end of the escrowed period, partly paid securities that become fully paid, employee incentive share securities when restriction ends, securities issued on expiry or conversion of convertible securities
Entities that have ticked box 34(a)
Additional securities forming a new class of securities
Tick to indicate you are providing the information or documents
- 35 If the "securities are "equity securities, the names of the 20 largest holders of the additional "securities, and the number and percentage of additional "securities held by those holders
- If the *securities are *equity securities, a distribution schedule of the additional 36 *securities setting out the number of holders in the categories $1 - 1,000$ $1,001 - 5,000$ $5,001 - 10,000$ 10,001 - 100,000 100,001 and over
- 37
- A copy of any trust deed for the additional *securities
+ See chapter 19 for defined terms.
Entities that have ticked box 34(b)
- Number of securities for which 38 *quotation is sought
- 39 Class of *securities for which quotation is sought
- 40 Do the *securities rank equally in all respects from the date of allotment with an existing "class of quoted *securities?
If the additional securities do not rank equally, please state:
- the date from which they do
- the extent to which they participate for the next dividend, (in the case of a trust, distribution) or interest payment
- the extent to which they do not rank equally, other than in relation to the next dividend, distribution or interest payment
- 41 Reason for request for quotation now
Example: In the case of restricted securities, end of restriction period
(if issued upon conversion of another security, clearly identify that other security)
Number and "class of all "securities 42 quoted on ASX (including the securities in clause 38)
| Number | + Class |
|---|---|
+ See chapter 19 for defined terms.
Quotation agreement
- $\mathbf{I}$ *Ouotation of our additional *securities is in ASX's absolute discretion. ASX may quote the *securities on any conditions it decides.
- $\overline{2}$ We warrant the following to ASX.
- The issue of the *securities to be quoted complies with the law and is not for an illegal purpose.
- There is no reason why those *securities should not be granted *quotation.
- An offer of the "securities for sale within 12 months after their issue will not require disclosure under section $707(3)$ or section $1012C(6)$ of the Corporations Act.
Note: An entity may need to obtain appropriate warranties from subscribers for the securities in order to be able to give this warranty
- Section 724 or section 1016E of the Corporations Act does not apply to any applications received by us in relation to any *securities to be quoted and that no-one has any right to return any "securities to be quoted under sections 737, 738 or 1016F of the Corporations Act at the time that we request that the *securities be quoted.
- We warrant that if confirmation is required under section 1017F of the $\bullet$ Corporations Act in relation to the *securities to be quoted, it has been provided at the time that we request that the *securities be quoted.
- If we are a trust, we warrant that no person has the right to return the *securities to be quoted under section 1019B of the Corporations Act at the time that we request that the "securities be quoted.
+ See chapter 19 for defined terms.
- $\overline{3}$ We will indemnify ASX to the fullest extent permitted by law in respect of any claim, action or expense arising from or connected with any breach of the warranties in this agreement.
- $\overline{4}$ We give ASX the information and documents required by this form. If any information or document not available now, will give it to ASX before "quotation of the "securities begins. We acknowledge that ASX is relying on the information and documents. We warrant that they are (will be) true and complete.
In E des
(Director/Company secretary)
Sign here:
23 March 2006
Mark Pitts
Print name: .......................................
== == == == ==
......................................
+ See chapter 19 for defined terms.