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CONTROL BIONICS LIMITED — Capital/Financing Update 2025
Sep 14, 2025
64611_rns_2025-09-14_6249a490-e589-4537-9fd1-91debedcb83a.pdf
Capital/Financing Update
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15 September 2025
NOTICE UNDER SECTION 708AAOF THE CORPORATIONS ACT
This notice is given by Control Bionics Limited (“Company”) under section 708AA of the Corporations Act 2001 (Cth) (“Act”).
On 28 August 2025, the Company announced its intention to undertake an equity raising of up to 58,922,220 shares to raise $2,062,278 via a non-renounceable rights issue of fully paid ordinary shares (Shares), on the basis of one new Share for every five Shares ( Entitlement Offer ) held as at 2 September 2025 ( Record Date ) to shareholders with a registered address in Australia and New Zealand ( Eligible Shareholders ). The closing date of the Entitlement Offer is today.
The Company hereby confirms that in respect of the Entitlement Offer:
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a) the Company will offer the Shares for issue without disclosure to investors under Part 6D.2 of the Act;
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b) the Company is providing this notice under paragraph (12) of section 708AA of the Act as notionally modified by ASIC Corporations (Non-Traditional Rights Issues) Instrument 2016/84 ( ASIC Instrument );
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c) as at the date of this notice the Company has complied with: (i) the provisions of Chapter 2M of the Corporations Act as they apply to the Company; (ii) section 674 of the Corporations Act as it applies to the Company;
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d) as at the date of this notice, there is no excluded information of the type referred to in sections 708AA(8) and 708AA(9) of the Act as notionally modified by the ASIC Instrument;
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e) on 28 August 2025, the Company released to the ASX a notice ( 28 August 2025 notice ) under section 708AA(2)(f) in relation to the Entitlement Offer. At the time of releasing the 28 August 2025 notice, the Company was likely in possession of other additional information meeting the definition of ‘excluded information’, being the financial information in relation to the year ended 30 June 2025 contained in the Appendix 4E which was released to the ASX on 29 August 2025: and
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f) the potential effect that the issue of the Shares pursuant to the Entitlement Offer will have on the control of the Company, and the consequences of that effect, will depend on a number of factors, including investor demand. These factors include:
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(i) if all shareholders subscribe for their entitlements, then all shareholders will retain their percentage ownership in the Company and the issue of Shares under the Entitlement Offer is not expected to have any material effect on the control of the Company;
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(ii) if all shareholders do not take up their full entitlements, their holdings in the Company will be diluted to the extent that they have not taken up their entitlements; and
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(iii) if the Company’s significant shareholders take up their full entitlement and no other shareholders take up their entitlements, they will have a minimal effect on control of the Company (see further details in Offer Booklet)
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(iv) if the Company’s significant shareholders, Peter Shann Ford ( Ford ), Nightingale Partners Ltd ( Nightingale ) and Phoenix Development Fund Limited ( Phoenix ), take up their full entitlement and/or their underwriting commitments and no other shareholders take up their entitlements, then Ford, Nightingale and Phoenix will control 7.32%, 21.38% and 21.82% respectively of the issued capital of the Company.
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Brett Crowley Company Secretary
Control Bionics Limited
Registered Office: Level 4, 11-13 Pearson St, Cremorne, Victoria, 3121, Australia T: +61 3 9897 3576 W: www.controlbionics.com
ABN: 45 115 465 462