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Immuron Ltd — Regulatory Filings 2019
May 28, 2019
35121_rns_2019-05-28_5879530c-e304-4206-8aee-f4e51e84aa68.pdf
Regulatory Filings
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Form 605 Corporations Act 2001
Section 671B
Notice of ceasing to be a substantial holder
| To Company Name/Scheme | Immuron Limited | ||
|---|---|---|---|
| ACN/ARSN | 063 114 045 | ||
| Details of substantial holder (1) 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 |
|||
| The holder ceased to be a | |||
| substantial holder on | 24 May 2019 | ||
| The previous notice was given to the company on | 11 April 2019 | ||
| The previous notice was dated | 11 April 2019 |
2. Changes in relevant interests
Particulars of each change in, or change in the nature of, a relevant interest (2) of the substantial holder or an associate (3) 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 (4) |
Consideration given in relation to change (5) |
Class (6) and number of securities affected |
Person's votes affected |
|---|---|---|---|---|---|
| 24 May 2019 | Empery Tax Efficient ٢P. |
On market disposals | Consideration from on- lmarket sale |
412,813 | 412,813 |
| 24 May 2019 | Empery Tax Efficient II LP |
On market disposals | Consideration from on- lmarket sale |
704.462 | 704.462 |
| 24 May 2019 | Empery Asset Master LTD |
On market disposals | Consideration from on- lmarket sale |
987,047 | 987,047 |
| 24 May 2019 | Empery Asset Management, LP |
On market disposals | Consideration from on- lmarket sale |
2.104.322 | 2.104.322 |
| 24 May 2019 | Empery AM GP, LLC | On market disposals | Consideration from on- lmarket sale |
2.104.322 | 2.104.322 |
| 24 May 2019 | Ryan M. Lane | On market disposals | Consideration from on- lmarket sale |
2,104,322 | 2.104.322 |
| 24 May 2019 | Martin D. Hoe | On market disposals | Consideration from on- Imarket sale |
2.104.322 | 2.104.322 |
3. Changes in association
The persons who have become associates (3) of, ceased to be associates of, or have changed the nature of their association (7) 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 | |
4. Addresses
The addresses of persons named in this form are as follows:
| . | |||
|---|---|---|---|
| Name | Address | ||
| c/- Empery Asset Management, LP | |||
| Empery Tax Efficient | 1 Rockefeller Plaza, Suite 1205 | ||
| ILP | New York, New York 10020 | ||
| United States of America |
| 605 | page 2/2 | 15 July 2001 | ||
|---|---|---|---|---|
| c/- Empery Asset Management, LP | ||||
| Empery Tax Efficient | 1 Rockefeller Plaza, Suite 1205 | |||
| II LP | New York, New York 10020 | |||
| United States of America | ||||
| c/- Empery Asset Management, LP | ||||
| Empery Asset | 1 Rockefeller Plaza, Suite 1205 | |||
| Master LTD | New York, New York 10020 | |||
| United States of America | ||||
| c/- Empery Asset Management, LP | ||||
| Empery Asset | 1 Rockefeller Plaza, Suite 1205 | |||
| Management, LP | New York, New York 10020 | |||
| United States of America | ||||
| c/- Empery Asset Management, LP | ||||
| Empery AM GP, LLC | 1 Rockefeller Plaza, Suite 1205 | |||
| New York, New York 10020 | ||||
| United States of America | ||||
| c/- Empery Asset Management, LP | ||||
| Ryan M. Lane | 1 Rockefeller Plaza, Suite 1205 | |||
| New York, New York 10020 | ||||
| United States of America | ||||
| c/- Empery Asset Management, LP | ||||
| Martin D. Hoe | 1 Rockefeller Plaza, Suite 1205 | |||
| New York, New York 10020 | ||||
| United States of America |
date
28 May 2019
$(2)$ See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001.
$(3)$ See the definition of "associate" in section 9 of the Corporations Act 2001.
sign here
is clearly set out in paragraph 4 of the form.
Include details of: $(4)$
Signature
$(1)$
- any relevant agreement or other circumstances because of which the change in relevant interest occurred. If subsection 671B(4) applies, a copy $(a)$ 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 disposal of the (b) securities to which the relevant interest relates (indicating clearly the particular securities to which the qualification applies).
DIRECTIONS 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 ann
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
See the definition of "relevant agreement" in section 9 of the Corporations Act 2001.
- $(5)$ Details of the consideration must include any and all benefits, moneys 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.
- $(6)$ The voting shares of a company constitute one class unless divided into separate classes.
- $(7)$ Give details, if appropriate, of the present association and any change in that association since the last substantial holding notice.