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EXCELSIOR CAPITAL LTD Major Shareholding Notification 2009

Jul 6, 2009

64816_rns_2009-07-06_5e8eb755-b2cd-4970-8993-55efffc4c576.pdf

Major Shareholding Notification

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Form 604 Corporations Act 2001 Section 671B Notice of change of interests of substantial holder

To:
Company Name/Scheme
CMI Limited
ACN/ARSN ACN 050 542 553
1. Details of substantial holder (1)
Name RP PROSPECTS PTY LTD atf M&L TRUST
ACN/ARSN (if applicable) 010 774 651
There was a change in the interests of the
substantial holder on 06 / 07 /
09
The previous notice was given to the company on
01
/ 07 /
09
The previous notice was dated 01 / 07 /
09
2. Previous and present 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 when last required, and when now required, to give a substantial holding notice to the company of scheme, are as follows:
Class of securities (4)
Previous
notice Present notice
Person’s votes Voting power(5) Person’s votes Voting power(5)
FullyPaid Ordinary Shares
11,273,455
33.40% 12,263,062 36.33%
3. Changes in relevant interests
Particulars of each change in, or change in the nature of, a relevant interest of the substantial holder or an associate in voting securities of the company or scheme, since the
substantial holder was last required to give a substantial holding notice to the company or scheme as follows:
Date of change
Person whose
Nature of Consideration Class and number of securities affected Person’s votes
relevant interest changed change (6) given in
relation

to
affected
change (7)
06 July09
RP Prospects
PtyLtd atf M&L Trust On-market purchase $346,362.45 989,607 Ordinary FullyPaid Shares 989,607
Total $346,362.45 989,607
4. Present relevant interest
Particulars of each relevant interest of the substantial holder in votingsecurities after the change are as follows:
Holder of relevant interest Registered Person entitled to be Nature of Class and number of Person’s
holder of securities registered as holder (8) relevant interest (6) securities votes
RP Prospects Pty Ltd atf M&L
Trust ACN 010 774 651
RP Prospects Pty Ltd atf
M&L Trust ACN 010 774
651

Holder of the shares 12,263,062 Ordinary
Paid Shares
Fully 12,263,062
5. Changes in association
The persons who have become associates (2) of, ceased to be associates of, or have changed the nature of their association (9) with, the substantial holder in relation to
voting interests in the company or scheme are as follows:
Name and ACN/ARSN(if applicable) Nature of association
N/A N/A

604 GUIDE page 1/1 13 March 2000

6. Addresses

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

Name Address
RP Prospects Pty Ltd atf M&L Trust ACN 010 774 651 PO BOX 1579 EAGLE FARM Q 4009

Signature

print name
RAYMOND DAVID CATELAN
capacity
DIRECTOR
sign here
date
07
/
07
/
09
DIRECTIONS
mber of substantial holders with similar or related relevant issues (eg. A corporation and its related corporations, or the manager and trustee of an
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
orm as a specifically named group if the membership of each group, with the names and addresses of members is clearly set out in paragraph 6 of the
n of “associate” in Section 9 of the Corporations Act 2001.
n of “relevant interest” in sections 608 and 671B(7) of the Corporations Act 2001.
s of a company constitute one class unless divided into separate classes.
es divided by the total votes in the body corporate or scheme multiplied by 100.
:
evant agreement or other circumstances by which the relevant interest was acquired. If subsection 671B(4) applies, a copy of any document setting out
ms of any relevant agreement, and a statement by the person giving full and accurate details of any contract, scheme or arrangement, must accompany
m, together with a written statement certifying this contract, scheme or arrangement; and
alification of the power of a person to exercise, control the exercise of, the voting powers or disposal of the securities to
he relevant interest relates (indicating clearly the particular securities to which the qualification applies).
n of “relevant agreement” in section 9 of the Corporations Act 2001.
nsideration must include any and all benefits, money and other, that any person from whom a relevant interest was acquired has, or may, become
e 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
enefit 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
est was acquired.
holder in unable to determine the identity of the person (eg. If the relevant interest arises because of an option) write “unknown”.
ppropriate, of the present association and any change in that association since the last substantial holding notice.
  • (1) If there are a number of substantial holders with similar or related relevant issues (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 6 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 person’s votes divided by the total votes in the body corporate or scheme multiplied by 100.

  • (6)

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, 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.

  • (7)

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 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.

(8)

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

  • (9)

Give details, if appropriate, of the present association and any change in that association since the last substantial holding notice.