AI assistant
MURRAY COD AUSTRALIA LIMITED — Major Shareholding Notification 2024
Jun 25, 2024
65302_rns_2024-06-25_6a2498b3-4a55-4618-b8ef-c0a54a5952f3.pdf
Major Shareholding Notification
Open in viewerOpens in your device viewer
Notice of initial substantial holder
Form 603
Corporations Act 2001 Section 671B
To: Company Name/Scheme MURRAY COD AUSTRALIA LIMITED
ACN/ ~~ARSN~~ 143 928 625
1. Details of substantial holder (1)
Name: Bank of America Corporation and its related bodies corporate (See Appendix C)
ACN/ARSN (if applicable) N/A
The holder became a substantial holder on: 24 June 2024
2. Details of 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 on the date the substantial holder became a substantial holder are as follows:
| follows: | |||
|---|---|---|---|
| Class of securities (4) | Number of securities | Persons’ votes (5) | Voting power (6) |
| Ordinary | 59,782,992 | 59,782,992 | 5.66% |
3. Details of relevant interests
The nature of the relevant interest the substantial holder or an associate had in the following voting securities on the date the substantial holder became a substantial holder are as follows:
| Holder of relevant interest | Nature of relevant interest (7) | Class and number of securities |
|---|---|---|
| Merrill Lynch (Australia) Futures Limited |
Power to control voting and/or disposal of securities in its capacity as ultimate beneficial owner having a principal position. |
Ordinary 9,300,000 |
| Merrill Lynch Markets (Australia) Pty. Limited |
Borrowing of securities pursuant to a Prime Brokerage Agreement (see Appendix B), with power to control the voting and/or disposal of borrowed securities. |
Ordinary 50,482,992 |
4. Details of present registered holders
The persons registered as holders of the securities referred to in paragraph 3 above are as follows:
| Holder of relevant interest | Registered holder of securities |
Person entitled to be registered as holder (8) |
Class and number of securities |
|---|---|---|---|
| Merrill Lynch Markets (Australia) Pty. Limited |
Merrill Lynch (Australia) Nominees Pty Ltd |
Merrill Lynch Markets (Australia) Pty. Limited |
Ordinary 50,482,992 |
| Merrill Lynch (Australia) Futures Limited |
Merrill Lynch (Australia) Nominees Pty Ltd |
Merrill Lynch (Australia) Futures Limited |
Ordinary 9,300,000 |
5. Consideration
The consideration paid for each relevant interest referred to in paragraph 3 above, and acquired in the four months prior to the day that the substantial holder became a substantial holder is as follows:
| Holder of relevant interest | Date of acquisition | Consideration (9) | Consideration (9) | Class and number of securities |
|---|---|---|---|---|
| Cash | Non-cash | |||
| Please see Annexure A. |
6. Associates
The reasons the persons named in paragraph 3 above are associates of the substantial holder are as follows:
| Name and ACN/ ARSN (if applicable) | Nature of association |
|---|---|
| Merrill Lynch (Australia) Futures Limited | Related body corporate |
| Merrill Lynch (Australia) Nominees Pty Ltd | Related body corporate |
| Merrill Lynch Markets (Australia) Pty. Limited | Related body corporate |
7. Addresses
The addresses of persons named in this form are as follows:
| Name | Addresses |
|---|---|
| Bank of America Corporation | 100 North Tryon Street, Charlotte, North Carolina, 28255, USA |
| Merrill Lynch (Australia) Futures Limited | Level 34, 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 Markets (Australia) Pty. Limited | Level 34, Governor Phillip Tower, 1 Farrer Place, Sydney NSW 2000, Australia |
| Merrill Lynch International | 2 King Edward Street, London, England, EC1A 1HQ, United Kingdom |
| BofA Securities Europe SA | 51 rue La Boétie, 75008, Paris, France |
SIGNATURE
| Print Name: Sign Here: |
Kelvin Kwok Capacity: Authorised signatory |
|---|---|
| Date: 26 June 2024 |
Appendix A
| Date of change |
Person whose relevant interest changed |
Nature of change (4) | Consideration (5) | Class (6) of securities | Securities affected |
Person's votes affected |
Remark |
|---|---|---|---|---|---|---|---|
| 5/27/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 13,921,088 | 13,921,088 | Refer to App. B |
| 5/28/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (13,921,088) | (13,921,088) | Refer to App. B |
| 5/30/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 5,771,022 | 5,771,022 | Refer to App. B |
| 5/31/2024 | Merrill Lynch (Australia) Futures Limited |
BUY | 855,000.00 | Ordinary | 9,000,000 | 9,000,000 | N/A |
| 5/31/2024 | Merrill Lynch (Australia) Futures Limited |
BUY | 190,000.00 | Ordinary | 2,000,000 | 2,000,000 | N/A |
| 6/4/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 19,416,613 | 19,416,613 | Refer to App. B |
| 6/5/2024 | Merrill Lynch (Australia) Futures Limited |
SELL | (68,850.00) | Ordinary | (850,000) | (850,000) | N/A |
| 6/5/2024 | Merrill Lynch (Australia) Futures Limited |
SELL | (68,850.00) | Ordinary | (850,000) | (850,000) | N/A |
| 6/5/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 8,071,782 | 8,071,782 | Refer to App. B |
| 6/5/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 12,419,869 | 12,419,869 | Refer to App. B |
| 6/6/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (3,463) | (3,463) | Refer to App. B |
| 6/6/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (185,601) | (185,601) | Refer to App. B |
| 6/7/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (204,196) | (204,196) | Refer to App. B |
| 6/11/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (167,195) | (167,195) | Refer to App. B |
| 6/11/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (144,990) | (144,990) | Refer to App. B |
| 6/14/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (5,065,577) | (5,065,577) | Refer to App. B |
| Date of change |
Person whose relevant interest changed |
Nature of change (4) | Consideration (5) | Class (6) of securities | Securities affected |
Person's votes affected |
Remark |
|---|---|---|---|---|---|---|---|
| 6/14/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (12,419,869) | (12,419,869) | Refer to App. B |
| 6/14/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 1,833,254 | 1,833,254 | Refer to App. B |
| 6/14/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (8,071,782) | (8,071,782) | Refer to App. B |
| 6/14/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (15,412,795) | (15,412,795) | Refer to App. B |
| 6/18/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (4,003,818) | (4,003,818) | Refer to App. B |
| 6/18/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities returned | N/A | Ordinary | (1,833,254) | (1,833,254) | Refer to App. B |
| 6/18/2024 | Merrill Lynch Markets (Australia) Pty. Limited |
Securities borrowed | N/A | Ordinary | 5,837,072 | 5,837,072 | Refer to App. B |
| 6/21/2024 | Merrill Lynch Markets (Australia)Pty. Limited |
Securities borrowed | N/A | Ordinary | 44,645,920 | 44,645,920 | RefertoApp. B |
Appendix B-1: Prescribed information
| Type of agreement | International Prime Brokerage Agreement |
|---|---|
| Parties to agreement | BofA Securities Europe SA and SSW-Trading Gmbh |
| 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 |
Appendix B-2: Prescribed information
| Type of agreement | International Prime Brokerage Agreement |
|---|---|
| Parties to agreement | Merrill Lynch International and Regal Funds Management Pty Limited As Trustee Of Regal Emerging Companies Opportunities Fund |
| 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 |
Appendix B-3: Prescribed information
| Type of agreement | International Prime Brokerage Agreement |
|---|---|
| Parties to agreement | Merrill Lynch International and Regal Funds Management Pty Limited As Trustee For Regal Emerging Companies Fund III |
| 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 |
Appendix B-4: Prescribed information
| Type of agreement | International Prime Brokerage Agreement |
|---|---|
| Parties to agreement | Merrill Lynch International and Virtu Financial Asia Pty Ltd |
| 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 |
Appendix C
| Appendix C | ||
|---|---|---|
| Related bodies corporate | Incorporated | ACN/Registration/Incorporation Number |
| Merrill Lynch (Australia) Futures Limited | Australia | 003639674 |
| Merrill Lynch Markets (Australia) Pty. Limited | Australia | 075587816 |
| Merrill Lynch(Australasia)Pty. Ltd | Australia | 075923894 |
| Bank of America Global Holdings, LLC | United States | 5169939 |
| BofAML Jersey Holdings Limited | Jersey | 115831 |
| NB Holdings Corporation | United States | 2361372 |
| Bank of America Corporation | United States | N/A628 |