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ELEVRA LITHIUM LIMITED — Proxy Solicitation & Information Statement 2008
Jul 13, 2008
64838_rns_2008-07-13_e06fa36d-b1b8-457d-b028-745ac3b1a51d.pdf
Proxy Solicitation & Information Statement
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DiamonEx Limited
ABN 26 091 951 978
Level 1 349 Coronation Drive Milton Qld 4064 Australia Telephone: +61 7 3720-8944 Facsimile: +61 7 3720-8988 e-mail : [email protected] Postal Address: PO Box 1357 Milton Qld 4064
ASX ANNOUNCEMENTS AUSTRALIAN STOCK EXCHANGE
14 July 2008
NOTICE OF MEETING
Please find attached Notice of General Meeting and Proxy Form which has been mailed to shareholders.
For further information, contact:
Dan O’Neill (Managing Director)
Greg King (Chairman)
+61 7 3720 8944 (Office) +61 7 3720 8944 (Office) +61 7 3720 8988 (Fax) +61 7 3720 8988 (Fax) +61 407596942 (Mobile) +61 411473730 (Mobile) [email protected] (Email) [email protected] (Email)
DiamonEx Ltd
NOTICE OF GENERAL MEETING OF SHAREHOLDERS
Notice is hereby given that a General Meeting of shareholders of DiamonEx Ltd will be held at 10.00 am on Monday, 11 August 2008 at Level 1, 349 Coronation Drive, Milton, Queensland, Australia.
BUSINESS
RESOLUTION 1– Ratification of Issue of Shares
To consider and if thought fit pass the following resolution as an ordinary resolution:
“That for the purposes of ASX Listing Rule 7.4 and for all other purposes shareholders ratify the issue of 9,070,000 fully paid ordinary shares ( Placement Shares ) via a placement to an institutional investor (being an investor who fell within one or more of the classes of exemptions specified in Section 708 of the Corporations Act 2001) ( Investor ).”
Voting Exclusion
The Company will disregard any votes cast on this resolution by the Investor issued with Placement Shares and any associate of the Investor who was issued with Placement Shares. However the Company need not disregard a vote if it is cast by a person as a proxy for a person who is entitled to vote, in accordance with the directions on the proxy form; or it is cast by the person chairing the meeting as proxy for a person who is entitled to vote, in accordance with a direction on the proxy form to vote as the proxy decides.
RESOLUTION 2– Ratification of Issue of Shares
To consider and if thought fit pass the following resolution as an ordinary resolution:
“That for the purposes of ASX Listing Rule 7.4 and for all other purposes shareholders ratify the issue of 8,457,000 fully paid ordinary shares ( Placement Shares ) via a placement to institutional investors (being investors who fall within one or more of the classes of exemptions specified in Section 708 of the Corporations Act 2001) ( Investors ).”
Voting Exclusion
The Company will disregard any votes cast on this resolution by any Investors who were issued with Placement Shares and any associate of an Investor who was issued with Placement Shares. However the Company need not disregard a vote if it is cast by a person as a proxy for a person who is entitled to vote, in accordance with the directions on the proxy form; or it is cast by the person chairing the meeting as proxy for a person who is entitled to vote, in accordance with a direction on the proxy form to vote as the proxy decides.
Explanatory Commentary
Under ASX Listing Rule 7.1, the Company is limited to issuing up to 15% of its issued capital in any 12 month period without shareholder approval, subject to certain exceptions.
An issue of shares made without specific approval under ASX Listing Rule 7.1 is treated as having been made with approval for the purpose of ASX Listing Rule 7.1 if the original issue did not breach ASX Listing Rule 7.1 and is subsequently approved by ordinary shareholders pursuant to the provisions of ASX Listing Rule 7.4.
The above resolutions seeks the ratification of shareholders for the previous issue of 17,527,000 ordinary shares which was completed in December 2007 and January 2008 and previously announced to the ASX.
Pursuant to the provisions of ASX Listing Rule 7.5, the following information is supplied to shareholders in respect of Resolution 1
| Number of Securities Allotted: | 9,070,000 |
|---|---|
| Price at which the Securities were issued: | A$0.37 |
| Terms of the Securities: | Fully Paid Ordinary Shares |
| Name of the allottee: | Standard African Equity Fund |
| Use of the funds: | Working capital under the development of Company’s existing projects |
| Date of Allotment: | 17 December 2007 |
Pursuant to the provisions of ASX Listing Rule 7.5, the following information is supplied to shareholders in respect of Resolution 2
| Number of Securities Allotted: | 8,457,000 |
|---|---|
| Price at which the Securities were issued: | A$0.37 |
| Terms of the Securities: | Fully Paid Ordinary Shares |
| Name of the allottees: | JP Morgan Asset Management (UK) Limited Wills & Co Stockbrokers Limited Fox Davies Capital Limited City of London Investment Group Plc Savoy Investment Management Limited First Colonial Investments LLP Emergent Asset Management Ltd Continental Capital Spc Shore CapitalGroupPlc |
| Use of the funds: | Working capital under the development of Company’s existing projects |
| Date of Allotment: | 17 January 2008 |
Proxies
Please note that:
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(a) a member of the Company entitled to attend and vote at the General Meeting is entitled to appoint not more than two proxies;
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(b) a proxy need not be a member of the Company; and
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(c) a member of the Company entitled to cast two or more votes may appoint two proxies and may specify the proportion or number of votes each proxy is appointed to exercise, but where the proportion is not specified each proxy is entitled to cast half of the number of votes.
The enclosed proxy form provides further details on appointing proxies and lodging proxy forms.
To be effective the Proxy Form must be received at the Company’s registered office or by the Company’s Share Registry no less than 48 hours before the time for holding the meeting.
Corporate Representative
In order to vote on behalf of a company that is a shareholder in the Company, a valid Appointment of Corporate Representative form must be either lodged with the Company prior to the General Meeting or be presented at the meeting before registering on the Attendee Register for the General Meeting.
Dated 9 July 2008. By Order of the Board.
Paul Crawford Company Secretary
DIAMONEX LIMITED ABN 26 091 951 978
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TO LODGE A PROXY FORM:
Computershare Investor Services Pty Limited GPO Box 242 Melbourne Victoria 3001 Australia Facsimile 61 7 3237 2152
000001 000 DON MR JOHN SMITH 1 FLAT 123 123 SAMPLE STREET THE SAMPLE HILL SAMPLE ESTATE SAMPLEVILLE VIC 3030
FOR ALL ENQUIRIES CALL:
(within Australia) 1300 552 270 (outside Australia) 61 3 9415 4000
FOR YOUR VOTE TO BE EFFECTIVE IT MUST BE RECEIVED BY 10AM AEST, SATURDAY 9 AUGUST 2008
YOUR SECURITYHOLDER INFORMATION IS AVAILABLE ONLINE, SIMPLY VISIT: www.investorcentre.com\au
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LODGEMENT OF A PROXY FORM.This Form (and any Power of Attorney under which it is signed) must be received at an address given above no later than 48 hours before the commencement of the meeting at 10.00 am AEST, Monday 11 August 2008. Any Proxy Form received after that time will not be valid for the scheduled meeting.
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I/We being a member/s of DiamonEx Limited hereby appoint
or failing the individual or body corporate named, or if no individual or body corporate is named, the Chairman of the Meeting, as my/our proxy to act generally at the meeting on my/our behalf and to vote in accordance with the following directions (or if no directions have been given, as the proxy sees fit) at the General Meeting of DiamonEx Limited to be held at Level 1, 349 Coronation Drive, Milton Queensland Australia on Monday 11 August 2008 at 10.00 am AEST and at any adjournment of that meeting.
1 Ratification of Issue of Shares
2 Ratification of Issue of Shares
The Chairman of the Meeting intends to vote undirected proxies in favour of each item of business.
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000001 000 DON MR JOHN SMITH 1 FLAT 123 123 SAMPLE STREET THE SAMPLE HILL SAMPLE ESTATE SAMPLEVILLE VIC 3030
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