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ENERGY ACTION LIMITED Major Shareholding Notification 2012

Nov 13, 2012

64812_rns_2012-11-13_553a7b31-03f6-45ec-a277-11f52d03450b.pdf

Major Shareholding Notification

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$#$ $\sim$ 1 $\times$ $\lceil$ 3

Form 603

$\cdot$

Corporations Act 2001 Section 671B

Notice of initial substantial holder

To_ Company Name/Scheme

$\rightarrow$

EXERGY ACTION LIMITED

ACN/ARSN

$14 - 11 - 12$ ; $11:07$

  1. Details of substantial holder (1) Name ACN/ARSN (if applicable)

EVERGREEN CAPITAL PARTNERS

The holder became a substantial holder on

$13/11/12$

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)
r∼
--

---
D P
__

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:

Holder of relevant interest Nature of relevant interest (7) Class and number of securities
SEE ANNEXURE I

4. Details of present registered holders

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

Holder of relevant
interest
Registered noticer of
securities
Person entitled to be
registered as holder (8)
Class and number
of securities
ISEE ANNEXURE

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) Class and number
of securities
cash Non-cash
SEE ANNEXURE!

$\bar{\mathcal{A}}$

603 page 2/2 15 July 2001

3

$2/$

  • any relevant agreement or other circumstances by which the relevant interest was acquired. If subsection 6718(4) applies, a copy of any document setting out (a) 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
  • 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 $\omega$

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

  • 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". $(8)$
  • Details of the consideration must include any and all benefits, money and other, that any person from whom a relevant interest was acquired has, or may, become $(9)$ 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.
:
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COMPANY NAME: ENERGY ACTION LIMITED

3. Details of relevant interests

superannuation funds, pooled
Evergreen Capital Partners Pty Ltd
ower to (or control) exercise vote and/or
ispose of the securities as discretionary
ivestment managers or advisers of
1,337,189 Fully Paid Ordinary Shares
superannuation trusts, managed
nvestment schemes and investment
management agreements

4. Details of present registered holders

Person entitled to be registered as Nature of relevant Class and number of
Holder of Relevant Interest š
Registered holder of securitiv
holder interest securities /erson's votes
Evergreen Capital Partners Pty Ltd Citicorp Nominees Pty Ltd Citigroup Nominees Pty Ltd Ivestment Manager ,022,704 1,022,704
vergreen Capital Partners Pty Ltd JBS Securities Australia Ltd JBS Securities Australia Ltd nvestment Manager 314,485 314,485

5. Consideration

Jass and number of
Date of acquisition onsideration securities
ţ
Then Capital Partners Pre-
19/10/2012 - 13/11/2012 3310,694.54 1,337,189

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DIRECTOR
CAPACITY This is annew referred to in form 603 Notice of Initial Substantial Holder $\frac{14/11/2012}{DATE}$ TIM HANNON