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HELIOS ENERGY LTD Major Shareholding Notification 2012

Feb 2, 2012

65047_rns_2012-02-02_1fc83ba6-85a6-4cce-bf06-2271765cd06e.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 New Horizon Coal Ltd
ACN/ARSN 143 932 110

1. Details of substantial holder (1)

Name Ascent Capital Holdings Pty Ltd and Gary Steinepreis
ACN/ARSN (if applicable) 118 292 238
There was a change in the interests of the
substantial holder on
The previous notice was given to the company on
The previous notice was dated
2/2/12
25/11/11
25/11/11

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 or scheme, are as follows:

Class of securities (4) Previous notice
Person's votes
Voting power (5)
Present notice
Person's votes Voting power (5)
Ordinary 5,462,186 6.58% 5,262,186 5.66%

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 are as follows:

Date of
change
Person whose
relevant interest
changed
Nature of change (6) Consideration given in
relation to change (7)
Class and number
of securities
affected
Person's votes
affected
2/2/12 Dilution due
to share issue
2/2/12 David
Steinepreis
Linda
Steinepreis
N&J Mitchell
Holdings Pty
Ltd
on-market
trade sale
\$18,500
\$9,250
\$18,500
Ord 100,000
Ord 50,000
Ord 100,000
David
Steinepreis
Linda
Steinepreis
N&J Mitchell
Holdings Pty
Ltd
3/2/12 Oakhurst
Enterprises
Pty Ltd
on-market
trade purchase
\$9,000 Ord 50,000 Oakhurst
Enterprises
Pty Ltd

4. Present relevant interests

Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:

Holder of
relevant
interest
Registered holder
of securities
Person entitled to be
registered as holder
(8)
Nature of relevant
interest (6)
Class and number
of securities
Person's votes
refer to schedule
_________ . ------------------ _________
_____ ___ _________ .
_________ --------------------------------------- . CONTRACTOR
_________
_________

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
Not applicable

6. Addresses

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

Name Address
All parties Level 1, 33 Ord Street, West Perth, WA, 6005

Signature

print name Gary Steingpreis capacity Director
sign here date 3/2/2012
and a land attended the transfer than the control of a state of

DIRECTIONS

  • If there are a number of substantial holders with similar or related relevant interests (eg. a corporation and its related corporations, or the $(1)$ 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.
  • See the definition of "associate" in section 9 of the Corporations Act 2001. $(2)$
  • See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001. $(3)$
  • The voting shares of a company constitute one class unless divided into separate classes. $(4)$
  • The person's votes divided by the total votes in the body corporate or scheme multiplied by 100. $(5)$
  • Include details of: $(6)$
  • any relevant agreement or other circumstances because of which the change in relevant interest occurred. If subsection 671B(4) $(a)$ 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
  • any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers or $(b)$ 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.

  • Details of the consideration must include any and all benefits, money and other, that any person from whom a relevant interest was acquired $(7)$ 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.
  • If the substantial holder is unable to determine the identity of the person (eg. if the relevant interest arises because of an option) write $(8)$ "unknown".

4 Present relevant interests

</leisurewest<>
Holder of relevant Registered Person Nature of Class and Persons
interest holder entitled to be relevant No. of Votes
registered as interest securities
holder
Ascent Capital Ascent Capital Direct Ordinary 2,840,000
Holdings Pty Ltd Holdings Pty 2,840,000
Ltd
Ascent Minerals Pty Ascent $\blacksquare$ Direct Ordinary 10,000
Ltd Minerals Pty 10,000
Ltd
Ascent Capital Pty Ascent Capital Direct Ordinary 10,000
Ltd Pty Ltd 10,000
Jacqueline Jacqueline Direct Ordinary 20,000
Steinepreis Steinepreis
and Jacqueline
20,000
Steinepreis
$<$ JM
Steinepreis
Family Trust>
Gary Steinepreis Gary Direct Ordinary 10,000
Steinepreis 10,000
LeisureWest LeisureWest Direct Ordinary 510,000
Consulting Pty Ltd Consulting Pty 510,000
Ltd
<leisurewest< td="">
Oakhurst Enterprises A/C
Oakhurst
Direct Ordinary
Pty Ltd Enterprises Pty 1,652,186 1,652,186
Ltd
Linda Steinepreis Linda Direct Ordinary 40,000
Steinepreis 40,000
Cetacean Petroleum Cetacean Direct Ordinary 10,000
Pty Ltd Petroleum Pty 10,000
Ltd
Croesus Mining Pty
Ltd
Croesus
Mining Pty
Direct Ordinary 10,000
Ltd 10,000
Mansmar Mansmar u. Direct Ordinary 10,000
Investments Pty Ltd Investments 10,000
Pty Ltd
N&J Mitchell N&J Mitchell $\overline{\phantom{0}}$ Direct Ordinary 130,000
Holdings Pty Ltd Holdings Pty 130,000
<ord street<="" td="">Ltd Ltd
Properties A/C>
<second fund<="" super="" td="">
A/C
<steinepreis super<="" td="">
Fund
A/C
Totals 5,262,186 5,262,186