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MIRVAC GROUP — Capital/Financing Update 2013
Aug 25, 2013
65328_rns_2013-08-25_0d390734-e5e5-44e9-a23d-8de758debe80.pdf
Capital/Financing Update
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26 AUGUST 2013
Dear Instalment Receipt holder
MIRVAC INSTALMENT RECEIPTS (“INSTALMENT RECEIPTS”) (ASX SECURITY CODE: “MGRAO”) FINAL INSTALMENT DUE ON 1 NOVEMBER 2013
In accordance with the Security Trust and Subscription Deed (“STSD”) entered into between Westpac Custodian Nominees Limited (the “ Security Trustee ”) and Westpac Securities Limited (the “ Underwriter ”) dated 10 June 2003 (as amended on 14 August 2009 and as further amended on 23 July 2010 and 17 May 2012), Instalment Receipt holders are advised that the final instalment of $0.41876 (the “Final Instalment”) is due and payable no later than 5.00pm (Sydney time) on 1 November 2013.
Enclosed with this letter is the Instalment Receipt Final Instalment Notice (the “ Notice ”). This Notice contains important information which you should read carefully. The Notice sets out the number of Instalment Receipts registered in your name at 7.00pm (Sydney time) on 19 August 2013. The Notice also confirms the amount that you are required to pay to settle the Final Instalment and the consequences for non-payment of the Final Instalment.
The payment of Final Instalment must be made by no later than 5.00pm (Sydney time) on 1 November 2013 . Payment can be made by BPAY; or cheque; or bank draft; or money order made payable to “ Mirvac – Instalment Receipts ” in Australian dollars and drawn on an Australian bank. Further details on the method of payment are set in the enclosed Notice.
To ensure that your Final Instalment payment is received as cleared funds by no later than 5.00pm (Sydney time) on 1 November 2013 we request that Instalment Receipt holders consider the following applicable dates:
-
Cheque/Bank draft/Money Order payments sent together with the Notice to Link Market Services Limited by 28 October 2013 ; and
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BPAY payments are made by close of business on 29 October 2013 .
If you do not wish to pay the Final Instalment, you can:
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Realise your investment by selling the underlying Mirvac Securities which are traded on the ASX under the ASX code of “MGR” and paying all the instalment debt from the sale proceeds. The sale will need to take place on or before 25 September 2013 ; or
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Transfer your Instalment Receipts, along with the obligation to pay the Final Instalment, to another bona fide party who registers that transfer. A transfer of Instalment Receipts will need to take place on or before 25 September 2013 to ensure that it is registered by 30 September 2013 (the “Record Date”).
Westpac Banking Corporation ABN 33 007 457 141
Mirvac Limited Mirvac Funds Limited ABN 92 003 280 699 ABN 70 002 561 640 AFSL 233121 as responsible entity of the Mirvac Property Trust ARSN 086 780 645
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If you do not pay the Final Instalment in respect of the Instalment Receipts held by you by 5.00pm (Sydney time) on 1 November 2013 this may result in the Security Trustee selling the underlying Mirvac Securities and repaying the Final Instalment. If there is a shortfall between the Instalments and the sale proceeds, the Security Trustee may recover the shortfall amount from the Instalment Receipt holder, plus may also charge interest and any expenses associated with Unpaid Amounts (as defined in the Security Trust and Subscription Deed).
Key dates for the Instalment Receipt holders are:
| Key dates for the Instalment Receipt holders are: | |
|---|---|
| Last day for trading underlying MGR securities | |
| andpayingall outstandinginstalment debt | 25 September 2013 |
| Last day for registration of transfers of Instalment Receipts | 30 September 2013 |
| Record date to determine Instalment Receipt holders | |
| obliged topay the Final Instalment | 30 September 2013 |
| Suspension of Instalment Receipts Register | |
| (ASX Security Code: MGRAO A$0.41876 unpaid) | 30 September 2013 |
| Final Instalmentpayment due date | 5.00pm (Sydney time) 1 November 2013 |
| Dispatch of holdingadvices refecting payment of Final Instalment | 12 November 2013 |
If you have any questions in relation to your Instalment Receipts, please call Link Market Services on +61 1800 356 444 (within and outside Australia).
Westpac Banking Corporation ABN 33 007 457 141
Mirvac Limited Mirvac Funds Limited ABN 92 003 280 699 ABN 70 002 561 640 AFSL 233121 as responsible entity of the Mirvac Property Trust ARSN 086 780 645
All Registry communications to: Link Market Services Limited Locked Bag A14 Sydney South NSW 1235 Australia Telephone (free call within Australia): +61 1800 356 444 Security Code: MGRAO Website: www.linkmarketservices.com.au
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THIS IS AN IMPORTANT DOCUMENT.
Should you have any doubt about how to deal with it please consult a financial adviser.
SRN/HIN:
Number of Instalment Receipts held on 19 August 2013: [X,XXX] Total Final Instalment amount payable at A$0.41876 per Instalment Receipt: A$[X,XXX] Date of this Reminder: 26 August 2013
Final Instalment Payment
Due Date: 5:00pm (Sydney time) 1 November 2013
INSTAlMENT RECEIPTS FINAl INSTAlMENT NOTICE The sum of A$0.41876 per Mirvac Instalment Receipt (“Instalment Receipt”) is payable no later than 5:00pm (Sydney time) on 1 November 2013. All holders of Instalment Receipts have an obligation to pay the Final Instalment of A$0.41876 per Instalment Receipt. Payment of the remaining instalment debt will need to be made on 1 November 2013 (using this Final Instalment Notice). If you wish to sell your Instalment Receipts you will need to contact your stockbroker or settlement participant and they will advise the appropriate selling procedure. You will not be able to sell your Instalment Receipts after 25 September 2013. Consequences of Non-Payment Refer to the back of this Instalment Receipts Final Instalment Notice for the consequences of non-payment. PAYMENT OPTIONS – To make payment, you have two options detailed below. Option 1: Paying By Bpay[®] Option 2: Paying by Cheque, Bank Draft or Money Order If paying by Bpay[®] , refer to the instructions overleaf. You do NOT need to If paying by cheque, bank draft or money order, complete and return the return the acceptance slip below if you elect to make payment by Bpay[®] . payment slip below with your Final Instalment payment. No signature is Payment must be received via Bpay[®] before 5:00pm (Sydney time) on required on the payment slip. The payment slip together with your Final 1 November 2013. You should check the processing cut off-time for Bpay[®] Instalment payment must be received by the Registry no later than 5:00pm transactions with your bank, credit union or building society to ensure your (Sydney time) on 1 November 2013. payment will be received by the Registry in time. By paying by Bpay[®] you will have deemed to have completed a payment slip for the number of Instalment Receipts corresponding to and represented by your Final Instalment payment. Telephone & Internet Banking – Bpay[®] Biller Code: 62844 Contact your bank or financial institution to make this payment from your cheque, savings, debit or transaction account. Customer Ref No: More info: www.bpay.com.au ® Registered to Bpay Pty Ltd ABN 69 079 137 518Bpay Pty Ltd ABN 69 079 137 518pay Pty Ltd ABN 69 079 137 518 Pty Ltd ABN 69 079 137 518 See overleaf for further details and, if applicable, instructions on how to complete and lodge this Final Instalment Notice. THIS IS A PERSONALISED FORM FOR THE SOLE USE OF THE INSTALMENT RECEIPT HOLDER AND HOLDING RECORDED ABOVE. Please detach and enclose with payment
The sum of A$0.41876 per Mirvac Instalment Receipt (“Instalment Receipt”) is payable no later than 5:00pm (Sydney time) on 1 November 2013. All holders of Instalment Receipts have an obligation to pay the Final Instalment of A$0.41876 per Instalment Receipt. Payment of the remaining instalment debt will need to be made on 1 November 2013 (using this Final Instalment Notice).
All holders of Instalment Receipts have an obligation to pay the Final Instalment of A$0.41876 per Instalment Receipt. Payment of the remaining instalment debt will need to be made on 1 November 2013 (using this Final Instalment Notice). If you wish to sell your Instalment Receipts you will need to contact your stockbroker or settlement participant and they will advise the appropriate selling procedure. You will not be able to sell your Instalment Receipts after 25 September 2013.
Consequences of Non-Payment
Refer to the back of this Instalment Receipts Final Instalment Notice for the consequences of non-payment.
Contact your bank or financial institution to make this payment from your cheque, savings, debit or transaction account. More info: www.bpay.com.au ® Registered to Bpay Pty Ltd ABN 69 079 137 518Bpay Pty Ltd ABN 69 079 137 518pay Pty Ltd ABN 69 079 137 518 Pty Ltd ABN 69 079 137 518
SRN/HIN:
9999999 Please complete information below, detach and send in with accompanying payment by the A Final Instalment payment date. B Drawer Cheque Number BSB Number Account Number Amount of Cheque A$*
Make your cheque, bank draft or money order payable to “Mirvac – Instalment Receipts” and crossed “Not Negotiable”
C PLEASE COMPLETE HERE in case we need to contact you: Telephone Number – Business Hours Telephone Number – After Hours Contact Name ( ) ( )
INSTAlMENT RECEIPTS FINAl INSTAlMENT NOTICE
HOw TO PAy yOUR FINAL INSTALMENT
Option 1: If paying by Bpay[®] (available to Instalment Receipt holders with an Australian bank account only)
If you elect to make your Final Instalment payment using Bpay[®] you must contact your bank or financial institution to make this payment from your cheque, savings, debit or transaction account. For more information: www.bpay.com.au.
Refer to the front of this form for the Biller Code and Customer Reference Number. Payments must be received by Bpay[® ] before 5:00pm (Sydney time) on 1 November 2013. You should check the processing cut off-time for Bpay[®] transactions with your bank, credit union or building society to ensure your payment will be received by the Registry in time. Instalment Receipt holders using the Bpay[®] facility will be bound by the provisions relating to this Final Instalment. you are not required to submit the payment slip attached to this Notice if you elect to make your payment using Bpay[®] .
Option 2: If paying by cheque, bank draft or money order
- A Enter your cheque, bank draft or money order details in section A. Cheques, bank drafts or money orders must be drawn on an Australian branch of a financial institution in Australian currency, made payable to “Mirvac – Instalment Receipts” and crossed “Not Negotiable”. Please ensure sufficient cleared funds are held in your account, as your cheque will be banked as soon as it is received.
B Payment amount
Enter into section B the total amount payable by you. The total amount payable is shown on the first page of this notice and is calculated by multiplying the number of Instalment Receipts you hold by the Final Instalment amount of A$0.41876.
C Contact details
Enter into section C your contact telephone number where we may contact you regarding your payment.
Consequences of Short Payment
If your Bpay[®] payment, cheque, bank draft or money order is insufficient to cover the full amount of the Final Instalment payment due, you may be treated as paying the Final Instalment on the number of Instalment Receipts as the cleared monies will pay for and you may be subject to the consequences of nonpayment which are detailed below. Consequences of Non-Payment Should the Final Instalment due at 5:00pm (Sydney time) on 1 November 2013 not be paid, the relevant Instalment Receipts may be subject to forfeiture. If at the end of 14 days after the due date the Final Instalment remains unpaid, you may immediately forfeit the relevant Instalment Receipts to Westpac Custodian Nominees Limited (the “Security Trustee”) who may sell the underlying Mirvac Securities (ASX Code: “MGR”) by way of a sale on the ASX. The proceeds will be applied towards the unpaid Final Instalment, interest charged and other transaction costs in respect of such sale. The balance, if any, will be paid to the registered holder of the forfeited Instalment Receipts. If there is a shortfall between the Instalments and the Sale proceeds, the Security Trustee may recover the shortfall amount from the Instalment Receipt holders, plus may also charge interest and any expenses associated with Unpaid Amounts (as defined in the Security Trust and Subscription Deed). Joint holders are jointly and severally liable to pay the Final Instalment. Key dates for Instalment Receipts holders Last day for trading underlying MGR securities and paying all outstanding instalment debt 25 September 2013 Last day for registration of transfers of Instalment Receipts 30 September 2013 Record date to determine Instalment Receipt holders obliged to pay the Final Instalment 30 September 2013 Suspension of Instalment Receipts Register (ASX Security Code: MGRAO A$0.41876 unpaid) 30 September 2013 Final Instalment payment due date 5:00pm (Sydney time) 1 November 2013 Dispatch of holding advices reflecting payment of Final Instalment 12 November 2013 Privacy Clause: Link Market Services Limited advises that Chapter 2C of the Corporations Act 2001 requires information about you as a securityholder (including your name, address and details of the securities you hold) to be included in the public register of the entity in which you hold securities. Information is collected to administer your securityholding and if some or all of the information is not collected then it might not be possible to administer your securityholding. Your personal information may be disclosed to the entity in which you hold securities. You can obtain access to your personal information by contacting us at the address or telephone number shown on this form. Our privacy policy is available on our website (www.linkmarketservices.com.au).
HOw TO LODGE yOUR PAyMENT SLIP
A reply paid envelope is enclosed for your use. No postage stamp is required if it is posted in Australia. Alternatively, if you have lost the reply paid envelope, your completed payment slip with the payment for the Final Instalment due may be mailed to the mailing address, or delivered to the hand delivery address, set out below. Your completed payment slip and payment for the Final Instalment due must be received by the Registry no later than the Final Instalment Payment date being 5:00pm (Sydney time) on 1 November 2013.
| Mailing Address | or | Hand delivery |
|---|---|---|
| Mirvac Group | Mirvac Group | |
| C/- Link Market Services Limited | C/- Link Market Services Limited | |
| GPO Box 3560 | 1A Homebush Bay Drive | |
| SYDNEY NSW 2001 | RHODES NSW 2138(Please do not use this address for mailing purposes) |
Make sure you send your payment slip and cheque, bank draft or money order allowing enough time for mail delivery, so Link Market Services Limited receive them no later than 5:00pm (Sydney time), 1 November 2013. Please ensure sufficient cleared funds are held in your account, as your cheque will be banked as soon as it is received. The Security Trustee reserves the right not to process any payment slip and cheques received after the Final Instalment Payment Due Date.
If you require information on how to complete this form please contact our Information Line on +61 1800 356 444 (within and outside Australia).