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DURATEC LIMITED Major Shareholding Notification 2021

Nov 24, 2021

64799_rns_2021-11-24_1d9de83c-5622-4f38-91b6-839a8c8bc1ef.pdf

Major Shareholding Notification

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Form 603 Corporations Act 2001 Section 671B

Notice of initial substantial holder

To Company Name/Scheme Duratec Limited ( Company ) ACN/ARSN 141 614 075 1. Details of substantial holder (1) James Patrick Giumelli Name Ertech Holdings Pty Ltd ( Ertech ) ACN/ARSN (if applicable) Not applicable The holder became a substantial holder on 13 August 2021

2. Details of voting power

The total number of votes attached to all the voting shares in the company or voting interests in the scheme that the substantial holder or an associate (2) had a relevant interest (3) in on the date the substantial holder became a substantial holder are as follows:

Class of securities(4) Number of securities Person’s votes(5) Voting power(6)
ORD 47,748,514 47,748,514 19.87% (based on
240,349,760 ordinary shares
on issue)

3. Details of relevant interests

The nature of the relevant interest the substantial holder or an associate had in the following voting securities on the date the substantial holder became a substantial holder are as follows:

der are as follows: der are as follows:
Holder of relevant interest Nature of relevant interest(7) Class and number of securities
James Patrick Giumelli Pursuant to s608(1)(b) and (c) of the
Corporations Act 2001(Cth) – power
to exercise the voting rights and
dispose of securities, and/or s608(3)
as the holder of more than 20% of the
voting power in Ertech.
47,748,514 ordinary shares
resent registered holders
egistered as holders of the securities referred to in paragraph 3 above are as follows:
Holder of relevant
interest
Registered holder of
securities
Person entitled to be
registered as holder(8)
Class and number
of securities
James Patrick Giumelli James Patrick Giumelli as
Trustee for the J & N Family
Trust (Family Trust)
Family Trust 400,000 ordinary
shares
Ertech Ertech 47,348,514 ordinary
shares

4. Details of present registered holders

The persons registered as holders of the securities referred to in paragraph 3 above are as follows:

5. Consideration

The consideration paid for each relevant interest referred to in paragraph 3 above, and acquired in the four months prior to the day that the substantial holder became a substantial holder is as follows:

Holder of relevant
interest
Date of acquisition Consideration (9) Consideration (9) Class and number
of securities
Cash Non-cash
James Patrick Giumelli in
respect of the shares held by
Ertech
13 August 2021 – date on
which James Patrick Giumelli
became a holder of more than
$21.05 per ordinary share 465,000 ordinary
shares of Ertech.

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603

15 July 2001

20% of the voting power in Ertech James Patrick Giumelli in respect of the shares held by 400,000 ordinary Family Trust N/A – no shares shares were acquired in the past 4 months

6. Associates

The reasons the persons named in paragraph 3 above are associates of the substantial holder are as follows:

Name and ACN/ARSN (if applicable) Nature of association
Not applicable

7. Addresses

The addresses of persons named in this form are as follows:

Name Address
James Patrick Giumelli 48 Holmfirth Street, Menora, WA 6050
Ertech 118 Motivation Drive, Wangara, WA 6065

Signature

print name James Patrick Giumelli capacity Individual
sign here date 25/11/2021

DIRECTIONS

(1) If there are a number of substantial holders with similar or related relevant interests (eg. a corporation and its related corporations, or the manager and trustee of an equity trust), the names could be included in an annexure to the form. If the relevant interests of a group of persons are essentially similar, they may be referred to throughout the form as a specifically named group if the membership of each group, with the names and addresses of members is clearly set out in paragraph 7 of the form.

  • (2) See the definition of "associate" in section 9 of the Corporations Act 2001.

  • (3) See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001.

  • (4) The voting shares of a company constitute one class unless divided into separate classes.

  • (5) The total number of votes attached to all the voting shares in the company or voting interests in the scheme (if any) that the person or an associate has a relevant interest in.

  • (6) The person’s votes divided by the total votes in the body corporate or scheme multiplied by 100.

  • (7) Include details of:

  • (a) any relevant agreement or other circumstances by which the relevant interest was acquired. If subsection 671B(4) applies, a copy of any document setting out the terms of any relevant agreement, and a statement by the person giving full and accurate details of any contract, scheme or arrangement, must accompany this form, together with a written statement certifying this contract, scheme or arrangement; and

  • (b) any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers or disposal of the securities to which the relevant interest relates (indicating clearly the particular securities to which the qualification applies).

See the definition of "relevant agreement" in section 9 of the Corporations Act 2001.

  • (8) If the substantial holder is unable to determine the identity of the person (eg. if the relevant interest arises because of an option) write “unknown.’”

  • (9) Details of the consideration must include any and all benefits, moneys and other, that any person from whom a relevant interest was acquired has, or may, become entitled to receive in relation to that acquisition. Details must be included even if the benefit is conditional on the happening or not of a contingency. Details must be included of any benefit paid on behalf of the substantial holder or its associate in relation to the acquisitions, even if they are not paid directly to the person from whom the relevant interest was acquired.