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INVESTSMART GROUP LIMITED Regulatory Filings 2011

Nov 21, 2011

65130_rns_2011-11-21_2ad86579-4176-4948-8974-579aed4bc119.pdf

Regulatory Filings

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Form 605

Corporations Law Section 671B Notice of ceasing to be a substantial holder

To: Company Name/Scheme Merricks Capital Special Opportunity Fund Limited

ACN ~~/ARSN~~

111 772 359

1. Details of substantial holder (1)

Name Bank of America Corporation and its related bodies corporate

ACN/ARSN (if applicable):

The holder ceased to be a substantial shareholder on

The previous notice was given to the company on

The previous notice was dated

18 November 2011 29 March 2011 23 March 2011

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
12-Apr-2011 Merrill Lynch International
Ltd
Securities
returned
N/A Ordinary
(1,906,973)
(1,906,973)
12-Apr-2011 Merrill Lynch International
(Australia) Ltd
Securities
borrowed
N/A Ordinary
1,906,973
1,906,973
24-May-2011 Merrill Lynch International
(Australia) Ltd
Securities
returned
N/A Ordinary
(274,945)
(274,945)
18-Nov-2011 Merrill Lynch International
(Australia) Ltd
Securities
returned
N/A Ordinary
(1,632,028)
(1,632,028)

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
N/A N/A

4. Addresses

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

Name Address
Bank of America Corporation 100 North Tryon Street, Charlotte, North Carolina, 28255, USA
Merrill Lynch (Australia) Futures Ltd Level 38, Governor Phillip Tower, 1 Farrer Place, Sydney NSW
2000, Australia
Merrill Lynch (Australia) Nominees Pty Ltd Level 19, 120 Collins St, Melbourne Vic 3000, Australia
Merrill Lynch International (Australia) Ltd Level 38, Governor Phillip Tower, 1 Farrer Place, Sydney NSW
2000, Australia
MLEQ Nominees Pty Ltd Level 38, Governor Phillip Tower, 1 Farrer Place, Sydney NSW
2000, Australia

SIGNATURE

Print Name:
Sign Here:
Fiona Cheng
Capacity:
Authorised signatory
Date:
22 November 2011

Appendix: Prescribed information

Type of
agreement
Prime Brokerage Agreement / Global Master Securities
Lending Agreement
Parties to
agreement
Merrill Lynch International, Merrill Lynch International
(Australia) Limited and Merricks Capital Pty Limited as
Trustee of the Merricks Capital Long/Short Equity Fund
Transfer date For the period from 24 March 2011 to 18 November 2011.
Holder of
voting rights
Securities borrower. Securities lender may instruct the
registered holder to vote on securities.
Are there any
restrictions on
voting rights?
No
If yes, detail N/A
Scheduled
return date (if
any)
On recall of the securities loan by the securities lender.
Does the
borrower have
the right to
return early?
Yes
If yes, detail Securities borrower will have right to return assets at any
time.
Does the
lender have
the right to
recall early?
Yes
If yes, detail Securities lender will have right to recall assets at any
time.
Will the
securities be
returned on
settlement?
Yes
If yes, detail
any exceptions
N/A