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ENVIRONMENTAL CLEAN TECHNOLOGIES LIMITED. — Capital/Financing Update 2011
Nov 20, 2011
64819_rns_2011-11-20_5087a836-7529-4737-a5aa-e9b11c1cd25d.pdf
Capital/Financing Update
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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, 24/10/2005.
Name of entity
Environmental Clean Technologies Limited
ABN
28 009 120 405
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 1. Ordinary Shares(ASX Code: ESI) issued 2. Options (ESIO) 2 Number of[+] securities issued or to 1. 33,333,334 Ordinary Shares be issued (if known) or maximum 2. 16,666,668 Options number which may be issued 3 Principal terms of the[+] securities 1. Fully Paid Ordinary Shares ranking (eg, if options, exercise price and equally with existing Ordinary Shares expiry date; if partly paid 2. Listed Options exercisable at 2.0¢ on or +securities, the amount outstanding before 16 January 2014 and due dates for payment; if +convertible securities, the conversion price and dates for conversion)
- See chapter 19 for defined terms.
24/10/2005 Appendix 3B Page 1
Appendix 3B New issue announcement
| 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 5 Issue price or consideration 6 Purpose of the issue (If issued as consideration for the acquisition of assets, clearly identify those assets) |
Yes, the New Shares and New Options will rank equally with the existing ESI and ESIO securities respectively |
|---|---|
| A. 16,666,667 ESI at $0.006 per Ordinary Shares and 8,333,334 ESIO for nil consideration as a result of uptake of Underwriting obligation as advised in Prospectus dated 26 August 2011. B. 16,666,667 ESI at $0.006 per Ordinary Shares and 8,333,334 ESIO for nil consideration as a result of uptake of Shortfall |
|
| Funds raised from part placement of Right Issue shortfall and exercise of listed options (ESIO) is to be used to: • complete Phase 1 of the Design for Tender in respect of the Proposed Coldry Production Plant, albeit this intended use will be dependent upon further cash to be raised from placement of the Shortfall in the ensuring 3 months following closure of the offer; • fund the net cash loss between the cost of producing, and the revenue derived from, the 2,000 tonnes of Coldry BCE to be used by Datang in the Test Burn; • meet short-term, working capital requirements in respect of the Test Burn; and • meet operational expenditure in respect of the on-going development of the Coldry Technologyand the MATMOR Technology. |
- See chapter 19 for defined terms.
Appendix 3B Page 2
1/1/2003
Appendix 3B New issue announcement
7 Dates of entering[+] securities into uncertificated holdings or despatch of certificates
Monday, 21 November 2011
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Number +Class
8 Number and +class of all 1,210,193,906 Ordinary shares (ESI)
+securities quoted on ASX
( including the securities in clause 648,279,572 Listed Options
2 if applicable) exercisable at
approximately 2.0¢ on
or before 16 January
2014 (ESIO)
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Number +Class
9 Number and [+] class of all ~2.1† Unsecured Convertible Notes with a total
+ face value of US$468,037 (A$431,112)
securities not quoted on
ASX ( including the convertible into ordinary shares based on
the average of the three lowest Volume
securities in clause 2 if
Weighted Average Prices during the 15
applicable)
trading days prior to the date of conversion
of part or all of the Convertible Note in
accordance with the terms and conditions
as previously advised. All Convertible
Notes have a maturity date of 2 November
2013 if not converted beforehand.
360,999ǂ Options exercisable at 3.12 cents each
and expiring on 23 December 2011
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Note: † The Company has prepaid A$165,000 of the Convertible Notes since the Appendix 3B lodged on 21 October 2011.
10 Dividend policy (in the case of a None trust, distribution policy) on the increased capital (interests)
Part 2 - Bonus issue or pro rata issue
Placement of shortfall of non-renounceable rights issue previously advised and questions 11 to 33 no longer relevant.
Part 2 completed and advised in Appendix 3Bs lodged upon announcement of Rights Issue on 26 August 2011 and following advice of take-up of entitlements on 4 October 2011.
Part 3 - Quotation of securities
You need only complete this section if you are applying for quotation of securities
- See chapter 19 for defined terms.
24/10/2005 Appendix 3B Page 3
Appendix 3B New issue announcement
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)
NOT A NEW CLASS OF SECURITIES TO BE LISTED AND BOX 34(b) NOT TICKED SO QUESTIONS 35 to 42 NOT APPLICABLE
- See chapter 19 for defined terms.
Appendix 3B Page 4
1/1/2003
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.
-
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.
Sign here:
Company secretary
Date: 21[st] November 2011 Print name: John Osborne
== == == == ==
- See chapter 19 for defined terms.
24/10/2005 Appendix 3B Page 5