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ALS LIMITED M&A Activity 2010

Oct 19, 2010

64365_rns_2010-10-19_199e36c7-d765-47eb-981c-050f3dd1ae94.pdf

M&A Activity

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AUSTRALIAN LABORATORY SERVICES PTY LTD

ACN 009 936 029

NOTICE OF VARIATION – EXTENSION OF OFFER PERIOD

TO:

Australian Securities & Investments Commission ( ASIC ) Ammtec Limited ( Ammtec ); ASX Limited ( ASX ); and Each person to whom an offer was sent under the off-market bid.

1. Extension of offer period

Australian Laboratory Services Pty Ltd ( ALS ) gives notice under section 650D of the Corporations Act 2001 (Cth) ( Act ) of a variation of the takeover offers ( Offers ) contained in its replacement Bidder’s Statement dated 19 July 2010 as subsequently supplemented and varied (‘ Bidder’s Statement ’). Unless the context requires otherwise, capitalised words in this notice have the meaning given to them in the Bidder’s Statement.

ALS varies the Bidder’s Statement by:

  • (a) extending the period during which the offers remain open for acceptance until 4.00pm Perth time on 5 November 2010; and

  • (b) varying the Offers by substituting the date “5 November 2010” for the date “27 October 2010” in section 10.1(d)(ii) of the Bidder’s Statement and in all other sections of the Bidder’s Statement where the date “27 October 2010” appears.

2. New date for giving notice of the status of conditions

ALS gives notice pursuant to section 630(2) of the Act that:

  • (a) the new date for the giving of the notice referred to in section 630(1) of the Act relating to the status of the condition in section 10.8 of the Bidder’s Statement is 29 October 2010; and

  • (b) the offers have not been freed from the conditions in section 10.8 of the Bidder’s Statement and, so far as ALS knows, subject to the matters relating to the � nal and special dividends noted in ALS’ Fifth Supplementary Bidder’s Statement dated 17 September 2010, the conditions have not been ful� lled on the date this notice is given.

3. Withdrawal rights

As the Offer remains subject to defeating conditions and this variation, together with previous variations, postpones by more than one month the time by which ALS must satisfy its obligations under the Bid, each person to whom ALS has made an Offer and who has accepted that Offer at the date of this notice has the right to withdraw that acceptance in accordance with section 650E of the Corporations Act by giving a notice ( Withdrawal Notice ) that is:

  • (a) if the withdrawing Ammtec Shareholder’s Shares are in a CHESS Holding, in the form of a:

    • (i) Valid Originating Message transmitted to ASX Settlement by the Controlling Participant for that CHESS Holding in accordance with the ASX Settlement Operating Rules; or

    • (ii) notice in writing to ALS setting out the information that ALS requires to transmit a Valid Message to ASX Settlement on behalf of the Ammtec Shareholder in accordance with the ASX Settlement Operating Rules; or

  • (b) in any other case, in writing.

If an Ammtec Shareholder is legally entitled to give, and does in fact give, a Withdrawal Notice within one month of the day after the day on which that person receives a copy of this notice and returns any consideration received by that person for accepting the Offer then ALS will, within 14 days after receiving the Withdrawal Notice:

  • (c) return to the Ammtec Shareholder any documents sent by the Ammtec Shareholder to ALS with the acceptance of the Offer; and

  • (d) if the Ammtec Shareholder’s Shares are in a Chess Holding, transmit a Valid Message that authorises the release of the relevant Shares from the Offer Accepted Subpositions in which the securities were reserved in accordance with the ASX Settlement Operating Rules.

In this section, words de� ned in the ASX Settlement Operating Rules have the same meaning unless the context requires otherwise.

DATE: 20 October 2010

SIGNED for and on behalf of ALS pursuant to a resolution passed unanimously by its directors on 20 October 2010 authorising Greg Kilmister, a director of ALS, to sign this notice.

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Greg Kilmister

A copy of this notice was lodged with the Australian Securities & Investments Commission on 20 October 2010. The Australian Securities & Investments Commission takes no responsibility for the contents of this notice.