Skip to main content

AI assistant

Sign in to chat with this filing

The assistant answers questions, extracts KPIs, and summarises risk factors directly from the filing text.

DEEP YELLOW LIMITED Capital/Financing Update 2013

Jan 24, 2013

64808_rns_2013-01-24_d373e82a-a37a-4e23-9741-879036353114.pdf

Capital/Financing Update

Open in viewer

Opens in your device viewer

==> picture [276 x 56] intentionally omitted <==

ASX Announcement

ASX Code: DYL

25 January 2013

UNMARKETABLE PARCEL SALE FACILITY

The Board of Deep Yellow Limited (DYL or the Company) is pleased to announce that it has established a share sale facility for holders of unmarketable parcels of the company’s shares.

The Record Date for the purposes of establishing holders of unmarketable parcels has been set at close of trade on Wednesday 16 January 2013. An unmarketable parcel (which is a parcel of DYL shares with a market value of less than $500 on the record date) will be any shareholding of 7,352 shares or less.

DYL is offering this facility to assist shareholders of unmarketable parcels (determined as at the Record Date) to sell their DYL shares without having to use a broker or pay a brokerage. DYL will organise payment of all the costs of sale for those shareholders who take advantage of the facility (although any tax consequences from the sale will be the shareholder’s responsibility). The shares will be sold at market price for the relevant shares.

Over 2,347 of the Company’s approximately 7,840 shareholders hold unmarketable parcels making up approximately 0.58% of the Company’s fully paid ordinary shares on issue. By facilitating the sale of unmarketable parcels the Company expects to reduce the administrative costs associated with maintaining a large number of small shareholdings.

Attached is a copy of the letter, information notes and the retention form which was despatched yesterday to all shareholders holding an unmarketable parcel on the Record Date.

For further information on this announcement contact the Deep Yellow Limited Share Sale Facility Information Line on 1300 850 505 (within Australia) +61 3 415 4000 (outside Australia) or the Company Secretary at Deep Yellow 08 9286 6999 or visit www.deepyellow.com.au.

Mark Pitts

Company Secretary On behalf of the Board of Directors Deep Yellow Limited

13-07

Level 1, 329 Hay Street, Subiaco, WA 6008 / PO Box 1770, Subiaco, WA 6904 Tel : 61 8 9286 6999 / Fax : 61 8 9286 6969 / ABN 97 006 391 948 Email: [email protected] / Website: www.deepyellow.com.au

==> picture [64 x 36] intentionally omitted <==

MR JOHN SAMPLE FLAT 123 SAMPLE STREET SAMPLE STREET SAMPLE STREET SAMPLETOWN VIC 3030

24 January 2013

Dear Shareholder

IMPORTANT NOTICE – Sale of your Unmarketable Parcel of Deep Yellow Limited Shares

I am writing to advise you that Deep Yellow Limited (DYL or the Company) has established a share sale facility (‘Facility’) for holders of shares valued at less than $500 as at close of trade on Wednesday 16 January 2013 (‘Unmarketable Parcels’). The facility is being established in accordance with the Company’s Constitution and the ASX listing rules.

DYL is offering the Facility to assist holders of Unmarketable Parcels to sell their shares. Holders of Unmarketable Parcels who take advantage of the facility will have their shares sold without having to act through a broker or pay brokerage. The Company will also organise payment of other costs associated with the sale (although any tax consequences from the sale of your shares will be your responsibility).

Our records show that you held an Unmarketable Parcel based on the DYL share price of $0.068 as at close of trade on Wednesday 16 January 2013 (‘Record Date’). Unless you advise the Company that you do NOT wish to sell your shares within six (6) weeks from when this letter was sent, DYL intends to sell your shares through the Facility in accordance with Clause 2.7 of the Company’s Constitution and the Australian Securities Exchange Listing Rules. Payment will be sent to you following settlement of the sale or otherwise as soon as is practicable. The shares will be sold at the market price.

What should you do?

If you do NOT wish to sell your shares through the Facility, you must complete and return the attached form to the address on the form so that it is received by 5.00 pm (Perth time) on Thursday 7 March 2013. Please read the instructions on your personalised Share Retention Form carefully before completing it.

Level 1, 329 Hay Street, Subiaco, WA 6008 / PO Box 1770, Subiaco, WA 6904 Tel : 61 8 9286 6999 / Fax : 61 8 9286 6969 / ABN 97 006 391 948 Email: [email protected] / Website: www.deepyellow.com.au

==> picture [57 x 32] intentionally omitted <==

If you want to sell your shares through the Facility, you do not need to take any action. By refraining from taking any action, after the expiration of the time prescribed in the ASX Listing Rules and the Company’s Constitution, you will be deemed to have irrevocably appointed the Company as your agent:

  • (a) to sell all of your shares at a price to be determined by when and how the shares are sold and without any cost being incurred by you; and

  • (b) to deal with the proceeds of the sale as set out in the attached information pack.

If you need help deciding what to do, or if you require information regarding the financial, legal or tax consequences of participating in the Facility you should consult your legal, financial or taxation adviser.

The attached information pack sets out further details of the Facility, which you should read before making any decision. You can also contact the Deep Yellow Limited Share Sale Facility Information Line on 1300 850 505 (within Australia) or +61 3 9415 4000 (outside Australia), from 8.30am to 5.00pm (Perth time), Monday to Friday, or the Company Secretary on +61 8 9286 6999 if you have any queries about lodging your form or the practical operation of the Facility.

Yours sincerely

==> picture [109 x 20] intentionally omitted <==

==> picture [109 x 19] intentionally omitted <==

Mark Pitts Company Secretary On behalf of the Board

Level 1, 329 Hay Street, Subiaco, WA 6008 / PO Box 1770, Subiaco, WA 6904 Tel : 61 8 9286 6999 / Fax : 61 8 9286 6969 / ABN 97 006 391 948 Email: [email protected] / Website: www.deepyellow.com.au

==> picture [56 x 32] intentionally omitted <==

INFORMATION PACK FOR THE UNMARKETABLE PARCEL SALE FACILITY

1. What is an Unmarketable Parcel of shares?

An unmarketable parcel of Share is a holding of DYL share valued at less than $500 as at close of trade on the record date. Based on the price of DYL shares at the Record Date, this is a holding of 7,352 shares or less.

2. What price will I receive for shares sold through the Facility?

The price that you receive for your shares under the Facility will be determined by when and how the shares are sold. Deep Yellow Limited (DYL) directors may sell your shares on market or in any other way they consider fair and reasonable in the circumstances. If the shares are sold on market the price will depend on a number of factors, including market conditions at the time of sale. You will not have control over the time at which your shares are sold, the price you receive may be different from the price appearing in the newspaper or quoted by ASX on any day, may not be the best price on the day that your shares are sold and may be an average price per share based on the price obtained for all the shares sold under the Facility. If the DYL directors sell your shares other than on market, the price will be the price that the DYL directors have been able to negotiate with the acquirer or acquirers.

3. What is the price of Deep Yellow shares?

The last sale price of DYL shares on Wednesday 16 January 2013 was A$0.068. The share price changes frequently and more recent prices are available in newspapers and from the ASX website (www.asx.com.au) under the ASX code ‘DYL’.

4. When will the proceeds from the sale of shares be sent to me?

Payment will be sent to you following settlement of the sale or otherwise as soon as is practicable. Payment will be made in Australian dollars by cheque. You will be notified by way of a transaction confirmation statement of the number of your shares sold, and the price and total sale proceeds. The cheque will be sent by post to your address as shown in the share register at the time the share sale payment is run.

5. If I buy more shares, will I retain my holding?

Yes, DYL will treat any purchase of additional shares to increase the value of a DYL shareholding to more than $500 as an indication that you do not want your shares to be sold through the Facility. For a purchase to be an effective notification that you wish to retain your shares, any additional shares must be registered by 5.00 pm (Perth time) on Thursday 7 March 2013 under the same name and address and with the same holder number (SRN or HIN) as set out in this letter.

Level 1, 329 Hay Street, Subiaco, WA 6008 / PO Box 1770, Subiaco, WA 6904 Tel : 61 8 9286 6999 / Fax : 61 8 9286 6969 / ABN 97 006 391 948

Email: [email protected] / Website: www.deepyellow.com.au

==> picture [56 x 32] intentionally omitted <==

6. What if my shares are held in a CHESS holding?

If your Shares remain in a CHESS holding at 5.00pm on Thursday 7 March 2013, the Company may move those Shares to an issuer sponsored holding and the Shares will be sold though the Facility.

7. Where can I get further information?

If you have any questions concerning your shareholding or how the Facility will work, please contact either the Deep Yellow Limited Share Sale Facility Information Line on 1300 850 505 (within Australia) or +61 3 9415 4000 (outside Australia), from 8.30am to 5.00pm (Perth time) Monday to Friday, or our Company Secretary, Mark Pitts, by telephone on 08 9286 6999 (from within Australia) or on +61 8 9286 6999 (from outside Australia).

8. Important notes

DYL reserves the right to change any of the dates referred to in this letter by notice to the ASX.

This letter does not constitute advice nor a recommendation to buy, sell or hold shares nor that the Facility is the best way to sell DYL shares.

If you are in any doubt about what to do, you should consult your legal, financial or taxation adviser.

NOTE:

If you currently have more than one holding on the DYL share register, you may wish to consider amalgamating them. This may result in your amalgamated holding no longer being an Unmarketable Parcel. Under these circumstances your shares will not be sold as part of this facility.

Level 1, 329 Hay Street, Subiaco, WA 6008 / PO Box 1770, Subiaco, WA 6904 Tel : 61 8 9286 6999 / Fax : 61 8 9286 6969 / ABN 97 006 391 948 Email: [email protected] / Website: www.deepyellow.com.au

==> picture [183 x 51] intentionally omitted <==

Return your Form to the Company’s share registry:

By Mail to the Company’s share registry: Computershare Investor Services Pty Limited GPO Box 52 Melbourne Victoria 3001 Australia

000001 000 1301011221012102012221332120133322113 SAM MR JOHN SMITH 1 FLAT 123 123 SAMPLE STREET THE SAMPLE HILL SAMPLE ESTATE SAMPLEVILLE VIC 3030

For all enquiries:

Phone: (within Australia) 1300 850 505 (outside Australia) +61 3 9415 4000

Unmarketable Parcel Share Retention Form

Your form must be received by 5.00pm (Perth time) on Thursday 7 March 2013

This is an important document that requires your immediate attention. It can only be used in relation to the shareholding represented by the details printed overleaf. If you are in doubt about how to deal with this form, please contact your fi nancial or other professional adviser.

Step 1: Registration Name

Please check the details provided and update your address via www.investorcentre.com if any of the details are incorrect.

Use this form if you wish to retain your shares in Deep Yellow Limited. If you have recently bought or sold shares your holding may differ from that shown. If you have already sold all your shares in Deep Yellow Limited, do not complete or return this form.

If you have more that one holding on Deep Yellow Limited’s register and you do not sell your shares under the Share Sale Facility, you should consider consolidating them. For further advice in this regard, contact Computershare Investor Services Pty Limited on the number above.

Step 2: Signing Instructions

Individual: Where the holding is in one name, the shareholder must sign. Joint Holding: Where the holding is in more than one name, all of the shareholders must sign.

Power of Attorney: Please attach a certifi ed photocopy of the Power of Attorney to this form when you return it.

Companies: Where the company has a Sole Director who is also the Sole Company Secretary, this form must be signed by that person in the box labelled ‘Sole Director and Sole Company Secretary’. If the company (pursuant to section 204A of the Corporations Act 2001) does not have a Company Secretary, a Sole Director can also sign alone as ‘Sole Director’. Otherwise this form must be signed by a Director jointly with either another Director or a Company Secretary. Please sign in the appropriate place to indicate the offi ce held and delete title as applicable.

Deceased Estate: All executors must sign and a certifi ed copy of Probate or Letters or Administration must accompany this form.

Entering your contact details is not compulsory, but will assist us if we need to contact you.

Turn over to complete the form

I 123456789

Unmarketable Parcel Share Retention Form

==> picture [145 x 35] intentionally omitted <==

IND

Registration Name & Offer Details

Registration Name: MR JOHN SAMPLE FLAT 123 123 SAMPLE STREET THE SAMPLE HILL SAMPLE ESTATE SAMPLEVILLE VIC 3030 Offer Details: Shares held as at Wednesday 16 January 2013. 1234567890

For your security keep your SRN/HIN confi dential.

Signature of Shareholder(s) This section must be completed if you wish to retain your shareholding.

By signing and returning this form, I/we confi rm that I/we understand that my/our shares will NOT be sold under the Share Sale Facility

Individual or Shareholder 1

Director

Shareholder 2 Shareholder 3 Director/Company Secretary

Sole Director and Sole Company Secretary

Contact Contact Daytime / / Name Telephone Date Email Addres ~~s~~

Privacy Statement

Personal information is collected on this form by Computershare Investor Services Pty Limited (CIS) as registrar for the securities issuers (the issuer), for the purpose of maintaining registers of securityholders, facilitating distribution payments and other corporate actions and communications. Your personal information may be disclosed to our related bodies corporate, to external service companies such as print or mail service providers, or as otherwise permitted by law. If you would like details of your personal information held by CIS, or you would like to correct information that is inaccurate, incorrect or out of date, please contact CIS. In accordance with the Corporations Act 2001, you may be sent material (including marketing material) approved by the issuer in addition to general corporate communications. You may elect not to receive marketing material by contacting CIS using the details provided above or email [email protected]

1 6 1 7 1 1

D Y L