Immuron Ltd — Major Shareholding Notification 2018

Jul 29, 2018

604 GUIDE page 1/1 13 March 2000

Form 604 Corporations Act 2001 Section 671B

Notice of change of interests of substantial holder

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Form 604 Corporations Act 2001 Section 671B Notice of change of interests of substantial holder
ToCompany Name/Scheme Immuron Limited ACN/ARSN 80 063 114 045 1. Details of substantial holder (1) Name Empery Tax Efficient LP, Empery Tax Efficient II LP, Empery Asset Master LTD, Empery AM GP, LLC, Empery Asset Management,LP,Ryan M. Lane and Martin D. Hoe ACN/ARSN (if applicable) Not applicable This notice is given by Empery Tax Efficient LP, Empery Tax Efficient II LP and Empery Asset Master LTD on behalf of themselves and their controllers Empery AM GP, LLC, Empery Asset Management, LP, Ryan M. Lane and Martin D. Hoe There was a change in the interests of the substantial holder on 23 July 2018 The previous notice was given to the company on 20 March 2018 The previous notice was dated 16 March 2018 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:		Immuron Limited
		80 063 114 045
		Empery Tax Efficient LP, Empery Tax Efficient II LP, Empery Asset Master LTD, Empery AM GP, LLC, Empery Asset Management,LP,Ryan M. Lane and Martin D. Hoe
		Not applicable
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		Present notice
			Person’s votes	Voting power(5)	Person’s votes	Voting power(5)
	Fully paid ordinaryshare		13,162,744	9.22%	11,717,666	8.21%*

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	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 Present notice Person’s votes Voting power(5) Person’s votes Voting power(5)
Fully paid ordinaryshare 13,162,744 9.22% 11,717,666 8.21%*

• Voting power for this notice has been calculated on the basis of total issued voting shares of 142,778,206

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
23 July 2018	Empery Tax Efficient LP	on-market disposals	Not applicable Consideration from on- market sale	325,001 fully paid ordinary shares	325,001 votes
23 July 2018	Empery Tax Efficient II LP	on-market disposals	Not applicable Consideration from on- market sale	419,189 fully paid ordinary shares	419,189 votes
23 July 2018	Empery Asset Master LTD	on-market disposals	Not applicable Consideration from on- market sale	700,888 fully paid ordinary shares	700,888 votes
23 July 2018	Empery Asset Management, LP	on-market disposals	Not applicable Consideration from on- market sale	1,445,078 fully paid ordinary shares	1,445,078 votes
23 July 2018	Empery AM GP, LLC	on-market disposals	Not applicable Consideration from on- market sale	1,445,078 fully paid ordinary shares	1,445,078 votes

23 July 2018	Ryan M. Lane	on-market disposals	Not applicable Consideration from on- market sale	1,445,078 fully paid ordinary shares	1,445,078 votes
23 July 2018	Martin D. Hoe	on-market disposals	Not applicable Consideration from on- market sale	1,445,078 fully paid ordinary shares	1,445,078 votes

4. Present relevant interests

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

23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:	23 July 2018 Ryan M. Lane on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 23 July 2018 Martin D. Hoe on-market disposals Not applicable Consideration from on- market sale 1,445,078 fully paid ordinary shares 1,445,078 votes 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
	Empery Tax Efficient LP	Citicorp Nominees Pty Ltd	Empery Tax Efficient LP	Relevant interest in fully paid ordinary shares under s 608(1)(a) of the CorporationsAct.	2,635,255 fully paid ordinary shares	2,635,255 votes
	Empery Tax Efficient II LP	Citicorp Nominees Pty Ltd	Empery Tax Efficient II LP	Relevant interest in fully paid ordinary shares under s 608(1)(a) of the CorporationsAct.	3,399,066 fully paid ordinary shares	3,399,066 votes
	Empery Asset Master LTD	Citicorp Nominees Pty Ltd	Empery Asset Master LTD	Relevant interest in fully paid ordinary shares under s 608(1)(a) of the CorporationsAct.	5,683,345 fully paid ordinary shares	5,683,345 votes
	Empery Asset Management, LP	Citicorp Nominees Pty Ltd	Empery Tax Efficient LP, Empery Tax Efficient II LP and Empery Asset Master LTD	Taken under section 608(3)(b) of the Corporations Act to have a relevant interest by reason of having control of Empery Tax Efficient LP, Empery Tax Efficient II LP and EmperyAssetMaster LTD.	11,717,666 fully paid ordinary shares	11,717,666 votes
	Empery AM GP, LLC	Citicorp Nominees Pty Ltd	Empery Tax Efficient LP, Empery Tax Efficient II LP and Empery Asset Master LTD	Taken under section 608(3)(b) of the Corporations Act to have a relevant interest by reason of having control of Empery Tax Efficient LP, Empery Tax Efficient II LP and EmperyAssetMaster LTD.	11,717,666 fully paid ordinary shares	11,717,666 votes
	Ryan M. Lane	Citicorp Nominees Pty Ltd	Empery Tax Efficient LP, Empery Tax Efficient II LP and Empery Asset Master LTD	Taken under section 608(3)(b) of the Corporations Act to have a relevant interest by reason of having control of Empery Asset Management , LP andEmperyAMGP,LLC	11,717,666 fully paid ordinary shares	11,717,666 votes
	Martin D. Hoe	Citicorp Nominees Pty Ltd	Empery Tax Efficient LP, Empery Tax Efficient II LP and Empery Asset Master LTD	Taken under section 608(3)(b) of the Corporations Act to have a relevant interest by reason of having control of Empery Asset Management , LP and EmperyAM GP,LLC	11,717,666 fully paid ordinary shares	11,717,666 votes
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	Name	Address
	Empery Tax Efficient LP		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
	Empery Tax Efficient II LP		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
	Empery Asset Master LTD		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
	Empery Asset Management, LP		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
	Empery AM GP, LLC		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
	Ryan M. Lane		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
	Martin D. Hoe		c/- Empery Asset Management, LP 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 United States of America
Signature	print name sign here
		date 27 July 2018
DIRECTIONS (1) If there are a number of substantial holders with similar or related relevant interests (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 because of which the change in relevant interest occurred. 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, or influence 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 on 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 is 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.

• (a) any relevant agreement or other circumstances because of which the change in relevant interest occurred. 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, or influence 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 on 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 is 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.