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WHITEHAVEN COAL LIMITED — Major Shareholding Notification 2021
Sep 2, 2021
66059_rns_2021-09-02_22a0d844-1851-4ee3-ae32-a6ccb22b01f3.pdf
Major Shareholding Notification
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Form 604
Corporations Act 2001 Section 671B
Notice of change of interests of substantial holder
| To Company Name/Scheme | Whitehaven Coal Limited | |
|---|---|---|
| ACN/ARSN | 124 425 396 | |
| 1. Details of substantial holder (1) Name |
Fritz Kundrun | |
| ACN/ARSN (if applicable) | ||
| There was a change in the interests of the substantial holder on |
1/09/2021 | |
| The previous notice was given to the company on | 8/04/2021 | |
| The previous notice was dated | 7/04/2021 |
2. Previous and present 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 when last required, and when now required, to give a substantial holding notice to the company or scheme, are as follows:
| Previous notice | Present notice | |||
|---|---|---|---|---|
| Class of securities (4) | Person's votes | I Voting power (5) |
Person's votes | I Voting power (5) |
| Ordinary shares (fully paid) | 69,491,579 | 16.73% | 57,635,049 | 15.58% |
3. Changes In relevant interests
Particulars of each change in, or change in the nature of, a relevant Interest of the substantial holder or an associate 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 |
Nature of change (6) |
Consideration given in relation to change (7) |
Class and number of securities affected |
Person's votes affected |
|---|---|---|---|---|---|
| 7/04/2021 | Fritz Kundrun | On market sale of shares by AMCI Group, LLC (Series 33) |
AU\$553,614 | 308,472 ordinary shares (fully paid) |
308,472 |
| 14/04/2021 | Fritz Kundrun | On market sale of shares by AMCI Group, LLC (Series 33) |
AU\$3,439,753 | 1,865,781 ordinary shares (fully paid) |
1,865,781 |
| 26/07/2021 | Fritz Kundrun | On market sale of shares by the FRI< Revocable Trust |
US\$275,316 | 167,365 ordinary shares (fully paid) |
167,365 |
| 27/07/2021 | Fritz Kundrun | On market sale of shares by the FRK Revocable Trust |
US\$552,461 | 332,635 ordinary shares (fully paid) |
332,635 |
| 3/08/2021 | Fritz Kundrun | On market sale of shares by the FR� Revocable Trust |
US\$27,234 | 16,863 ordinary shares (fully paid) |
16,863 |
| 6/08/2021 | Fritz Kundrun | On market sale of shares by the FRK Revocable Trust |
US\$7,793 | 4,861 ordinary shares (fully paid) |
14,861 |
| 9/08/2021 | Fritz Kundrun | On market sale of shares by the FRK Revocable Trust |
US\$219,315 | 136,302 ordinary shares (fully paid) |
136,302 |
| 10/08/2021 | Fritz Kundrun | On market sale of shares by the FRI< Revocable Trust |
US\$3,907, 165 | 2,341,973 ordinary shares (fully paid) |
2,341,973 |
| 11/08/2021 | Fritz Kundrun | On market sale of shares by the FRK Revocable Trust |
US\$1,122,042 | 650,001 ordinary shares (fully paid) |
650,001 |
|---|---|---|---|---|---|
| 11/08/2021 | Fritz Kundrun | On market sale of shares by 2011 FRK CRT Holdings LLC |
US\$56,497 | 32,283 ordinary shares 32,283 (fully paid) |
|
| 27/08/2021 | Fritz Kundrun | On market sale of shares by 2011 FRK CRT Holdings LLC |
US\$382,535 | 223,005 ordinary shares (fully paid) |
223,005 |
| 30/08/2021 | Fritz Kundrun | On market sale of shares by 2011 FRK CRT Holdings LLC |
US\$4,815,274 | 2,776,992 ordinary shares (fully paid) |
2,776,992 |
| 31/08/2021 | Fritz Kundrun | On market sale of shares by 2011 FRK CRT Holdings LLC |
US\$3,609,561 | 1,999,998 ordinary shares (fully paid) |
1,999,998 |
| 1/09/2021 | Fritz Kundrun | On market sale of shares by 2011 FRK CRT Holdings LLC |
US\$1,845,932 | 999,999 ordinary shares (fully paid) |
999,999 |
4. Present relevant interests
Particulars of each relevant interest of the substantial holder in voting securities after the change are as follows:
| Holder of relevant interest |
Registered holder of securities |
Person entitled to be registered as holder (8) |
Nature of relevant interest (6) |
Class and number of securities |
Person's votes |
|---|---|---|---|---|---|
| Fritz Kundrun | Pty Ltd | Citicorp Nominees Citicorp Nominees Pty Ltd |
Fritz Kundrun is trustee of the Lippe 2012 Family Trust, which is the beneficial owner of the shares and controls the disposal of the shares |
590,000 Ordinary shares 590,000 (fully paid) |
|
| Fritz Kundrun | Citicorp Nominees Citicorp Nominees Pty Ltd |
Pty Ltd | Fritz Kundrun controls 2011 FRK CRT Holdings LLC, which is the beneficial owner of the shares and controls the disposal of the shares |
15,396,056 Ordinary shares (fully paid) |
15,396,056 |
| Fritz Kundrun | Citicorp Nominees Citicorp Nominees Pty Ltd |
Pty Ltd | Fritz Kundrun controls 2009 Kundrun CRT Holdings LLC, which is the beneficial owner of the shares and controls the disposal of the shares |
53,625 Ordinary shares (fully paid) |
53,625 |
| Fritz Kundrun | Citicorp Nominees Citicorp Nominees Pty Ltd |
Pty Ltd | Fritz Kundrun controls Nicola Investments II LLC, which is the beneficial owner of the shares and controls the disposal of the shares |
5,660,377 Ordinary shares (fully paid) |
5,660,377 |
| Fritz Kundrun | Citicorp Nominees Citicorp Nominees Pty Ltd |
Pty Ltd | Fritz Kundrun controls FRK Roth IRA, which is the beneficial owner of the shares and controls the disposal of the shares |
4,355,188 Ordinary shares (fully paid) |
4,355,188 |
| Fritz Kundrun | Citicorp Nominees Citicorp Nominees Pty Ltd |
Pty Ltd | Fritz Kundrun holds greater than 20% of the voting power in AMCI Group, LLC (Series 33) which is the beneficial lowner of the shares and controls the disposal of the shares |
31,579,803 Ordinary shares (fully paid) |
31,579,803 |
5. Changes in association
The persons who have become associates (2) of, ceased to be associates of, or have changed the nature of their association (9) with, the substantial holder in relation to voting interests in the company or scheme are as follows:
| Name ACN/ARSN and applicable) |
(if | Nature of association |
|---|---|---|
| N/A | N/A |
6. Addresses
The addresses of persons named in this form are as follows:
| Name | Address |
|---|---|
| Fritz Kundrun | C/- AMCI Investments Pty Ltd, Level 32 Gateway, 1 Macquarie Place, Sydney NSW 2000 |
| 2011 FRK CRT Holdings LLC | C/- AMCI Investments Pty Ltd, Level 32 Gateway, 1 Macquarie Place, Sydney NSW 2000 |
| 2009 Kundrun CRT Holdings LLC | C/- AMCI Investments Pty Ltd, Level 32 Gateway, 1 Macquarie Place, Sydney NSW 2000 |
| Nicola Investments II LLC | C/- AMCI Investments Pty Ltd, Level 32 Gateway, 1 Macquarie Place, Sydney NSW 2000 |
| FRK Roth IRA | C/- AMCI Investments Pty Ltd, Level 32 Gateway, 1 Macquarie Place, Sydney NSW 2000 |
| AMCI WH LLC | C/- AMCI Investments Pty Ltd, Level 32 Gateway, 1 Macquarie Place, Sydney NSW 2000 |
| AMCI Group, LLC (Series 33) | 3rd Floor, 600 Steamboat Road, Greenwich, Connecticut 06830, USA |
| Citicorp Nominees Pty Ltd | Level 16, 120 Collins Street, Melbourne, Victoria, Australia |
Signature
print name Fritz Kundrun capacity een sign here date 2 September 2021
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 $(1)$ is clearly set out in paragraph 6 of the form. - $(2)$ See the definition of "associate" in section 9 of the Corporations Act 2001.
- $(3)$ See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001.
- The voting shares of a company constitute one class unless divided into separate classes. $(4)$
- $(5)$ The person's votes divided by the total votes in the body corporate or scheme multiplied by 100.
- $(6)$ Include details of:
- any relevant agreement or other circumstances because of which the change in relevant interest occurred. If subsection 671B(4) applies, a copy
of any document setting out the terms of any relevant agreement, and a statemen $(a)$ - 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 securities to which the relevant interest relates (indicating clearly the $(b)$
See the definition of "relevant agreement" in section 9 of the Corporations Act 2001.
- Details of the consideration must include any and all benefits, money 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 m $(7)$
- $(8)$ If the substantial holder is unable to determine the identity of the person (eg. if the relevant interest arises because of an option) write "unknown".
- $(9)$ Give details, if appropriate, of the present association and any change in that association since the last substantial holding notice.