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 Share Issue/Capital Change 2009

Aug 3, 2009

64808_rns_2009-08-03_aeff2700-2021-4ddc-ae8a-89f1847fe464.pdf

Share Issue/Capital Change

Open in viewer

Opens in your device viewer

==> picture [482 x 25] intentionally omitted <==

==> picture [482 x 25] intentionally omitted <==

==> picture [482 x 25] intentionally omitted <==

==> picture [482 x 25] intentionally omitted <==

ASX Announcement

ASX Code: DYL

EMPLOYEE OPTION ISSUE

04 August 2009

Deep Yellow Limited is pleased to inform the market that the Board has approved an issue of 7,275,000 unlisted options to acquire ordinary shares in Deep Yellow Limited to Employees and Contractors.

The issue has been made in four tranches with differing vesting conditions and is pursuant to the terms of the Deep Yellow Limited - Employees and Other Permitted Persons Option Plan.

The Directors continue to use the policy of issuing options as a reasonable basis for rewarding employees and contractors and providing an incentive to join/remain with Deep Yellow.

The option issue has been made on the following terms:

  • 600,000 Options to employees with an exercise price of 45 cents and which expire on 30 June 2012, the options vest on issue;

  • 625,000 Options to employees with an exercise price of 60 cents and which expire on 30 June 2012, the options vest on 1 June 2010;

  • 2,650,000 Options to employees with an exercise price of 35 cents and which expire on 30 June 2012, the options vest on 1 December 2009; and

  • 3,400,000 Options to employees with an exercise price of 45 cents and which expire on 30 June 2012, the options vest on 1 June 2010.

The option terms provide for their cancellation in the event that an employee or contractor resigns from their employment, is terminated or otherwise ceases their engagement with the Company.

No Director or Director related entity will participate in this issue. The attached Appendix 3B provides details of the options.

Options Lapse

65,000 employee options have recently lapsed in accordance with the terms of the Deep Yellow Limited Directors, Employees and Other Permitted Persons Option Plan.

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

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

Mark Pitts Company Secretary

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

Appendix 3B New issue announcement

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).

  • 1 +Class of +securities issued or to be issued

Unlisted Options

Unlisted Options
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 expiry date; if partly
paid+securities, the amount outstanding and
due dates for payment; if+convertible
securities, the conversion price and dates for
conversion)
4
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
7,275,000
600,000 Options to employees with an exercise price
of 45 cents and which expire on 30 June 2012, the
options vest on issue;
625,000 Options to employees with an exercise price
of 60 cents and which expire on 30 June 2012, the
options vest on 1 June 2010;
2,650,000 Options to employees with an exercise price
of 35 cents and which expire on 30 June 2012, the
options vest on 1 December 2009; and
3,400,000 Options to employees with an exercise price
of 45 cents and which expire on 30 June 2012, the
options vest on 1 June 2010.
If exercised the shares issued will rank equally with
those already on issue
  • See chapter 19 for defined terms.

1/1/2003

Appendix 3B Page 1

Appendix 3B New issue announcement

  • 5 Issue price or consideration

  • 6 Purpose of the issue (If issued as consideration for the acquisition of assets, clearly identify those assets)

  • 7 Dates of entering[+] securities into uncertificated holdings or despatch of certificates

  • 8 Number and[+] class of all[+] securities quoted on ASX ( including the securities in clause 2 if applicable)

  • 9 Number and[+] class of all[+] securities not quoted on ASX ( including the securities in clause 2 if applicable)

10 Dividend policy (in the case of a trust, distribution policy) on the increased capital (interests)

Nil

Employee incentive options

04 August 2009

Nil Nil
Employee incentive options
04 August 2009
Number +Class
1,123,376,958 Ordinary
16,000,000
30/11/09 at 55.1
2,912,500
31/12/09 at 44.6c
2,437,500
31/12/10 at 59.6c
787,500
30/06/10 at 64.6c
612,500
30/06/11 at 74.6c
12,500,000
30/11/10 at 59.5c
10,180,000
30/06/11 at 27.5c
3,405,000
30/06/11 at 40c
2,145,000
30/06//11 at 45c
2,145,000
30/06/11 at 60c
2,350,000
31/12/11 at 27.5 c
885,000
30/06/12 at 27.5 c
625,000
30/12/12 at 60c
2,650,000
30/12/12 at 35c
4,000,000
30/12/12at45c
Unlisted options
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
“ “
N/A
  • See chapter 19 for defined terms.

1/1/2003

Appendix 3B Page 2

Appendix 3B New issue announcement

Part 2 - Bonus issue or pro rata issue

  • 11 Is security holder approval 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 +Record date to determine entitlements

  • 16 Will holdings on different registers (or sub-registers) be aggregated for calculating entitlements?

  • 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 entitlements are to be dealt with. Cross reference: rule 7.7.

  • 19 Closing date for receipt of 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)

  • 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?

  • 32 How do[+] security holders dispose of their entitlements (except by sale through a broker)?

  • 33 +Despatch date

  • See chapter 19 for defined terms.

1/1/2003

Appendix 3B Page 3

Appendix 3B New issue announcement

Part 3 - Quotation of securities

You need only complete this section if you are applying for quotation of securities

  • 34 Type of securities

  • ( tick one )

  • (a)[Securities described in Part 1 ]

  • (b)[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, and the number and percentage of additional[+][securities are ][+][equity securities, the names of the 20 largest holders of the additional ] +securities held by those holders

  • 36[If the ][+][securities are ][+][equity securities, a distribution schedule of the additional ][+][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 ]

Entities that have ticked box 34(b)

  • 38 Number of securities for which[+] 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)

42 Number and[+] class of all[+] securities quoted on ASX ( including the securities in clause 38)

Number Class

  • See chapter 19 for defined terms.

1/1/2003

Appendix 3B Page 4

Appendix 3B New issue announcement

Quotation agreement

  • 1 +Quotation of our additional +securities is in ASX’s absolute discretion. ASX may quote the +securities on any conditions it decides.

  • 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 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.

  • 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.

  • 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.

==> picture [143 x 25] intentionally omitted <==

04 August 2009 Sign here: ............................................................ Date: ……........................ (Director/Company secretary) Mark Pitts Print name: .........................................................

== == == == ==

  • See chapter 19 for defined terms.

1/1/2003

Appendix 3B Page 5