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Opthea Ltd Major Shareholding Notification 2023

Sep 5, 2023

32698_rns_2023-09-05_6437a325-0671-4220-9533-ae2628b19b78.pdf

Major Shareholding Notification

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Form 605

Corporations Act Section 671B

Notice of ceasing to be a substantial holder

To: Company Name/Scheme OPTHEA LIMITED

ACN/ ~~ARSN~~ 006 340 567

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 ceased to be a substantial shareholder on 04 September 2023 The previous notice was given to the company on 01 September 2023 The previous notice was dated 30 August 2023

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
See Appendix A

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 Addresses
Bank of America Corporation 100 North Tryon Street, Charlotte, North Carolina, 28255, USA
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, Inc. One Bryant Park, New York NY 10036, USA

SIGNATURE

Print Name:
Sign Here:
Kelvin Kwok
Capacity:
Authorised signatory
Date:
6 September 2023

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
9/1/2023 BofASecurities,Inc. Securities
returned
N/A American
Depository
Shares
(100) (800) Refer to
App. B
9/4/2023 Merrill Lynch Markets
(Australia) Pty. Limited
Securities
borrowed
N/A Ordinary 308,372 308,372 Refer to
App. B
9/4/2023 Merrill Lynch Markets
(Australia) Pty. Limited
Securities
returned
N/A Ordinary (7,408,839) (7,408,839) Refer to
App. B
9/4/2023 Merrill Lynch Markets
(Australia) Pty. Limited
Securities
borrowed
N/A Ordinary 7,408,890 7,408,890 Refer to
App. B

There is a dilution in relevant interest from increase in the issuer's total shares outstanding due to shares issued on 4 September 2023.

Appendix B-1: Prescribed information

Type of agreement International Prime Brokerage Agreement
Parties to
agreement
Merrill Lynch International and Alfred Street Nominees Pty Limited As Trustee
Of Man Caledonia Investment Trust
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 Amazon Market Neutral 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 Citadel Securities LLC

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 Regal Absolute Return Master 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-5: Prescribed information

Type of agreement International Prime Brokerage Agreement
Parties to
agreement
Merrill Lynch International and Regal Funds Management Pty Limited As
Trustee Of Tasman Market Neutral 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-6: 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 Australian Long Short Equity 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-7: 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 Australian Small Companies 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-8: 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 Australian Active Extension Trust

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-9: 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 Tactical 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-10: 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-11: 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-12: Prescribed information

Type of agreement International Prime Brokerage Agreement
Parties to
agreement
Merrill Lynch International and Regal Funds Management Pty Limited As
Trustee Of Atlantic Absolute Return 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-13: 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 Australian Long Short Geared Equity Fund Ac

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-14: Prescribed information

Type of agreement International Prime Brokerage Agreement
Parties to
agreement
Merrill Lynch International and Regal Investment 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-15: 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 B-16: Prescribed information

Type of agreement International Prime Brokerage Agreement
Parties to
agreement
Merrill Lynch International and Zambezi Absolute Return 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-17: Prescribed information

Type of agreement Securities Lending Agreement
Parties to
agreement
Merrill Lynch Markets (Australia) Pty. Limited and STATE STREET BANK &
TRUST COMPANY

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-18: Prescribed information

Type of agreement Securities Lending Agreement
Parties to
agreement
BofA Securities, Inc. and INTERACTIVE BROKERS

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 International United Kingdom 2312079
ML UK Capital Holdings Limited United Kingdom 4971231
BofAML EMEA Holdings 2 Limited United States 119605
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
BofA Securities, Inc. United States 5793661
NB Holdings Corporation United States 2361372
Bank of America Corporation United States N/A628