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WHITEHAVEN COAL LIMITED Capital/Financing Update 2009

Aug 6, 2009

66059_rns_2009-08-06_4fa7c955-9111-4312-aa70-23a5658d05bb.pdf

Capital/Financing Update

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==> picture [190 x 100] intentionally omitted <==

WHITEHAVEN COAL LIMITED ABN 68 124 425 396 Level 9 1 York Street Sydney, NSW 2000 PO Box R1113 Royal Exchange NSW 1225 Ph: 02 8507 9700 Fax: 02 8507 9701 Web: www.whitehaven.net.au

7 August 2009

Notice issued under section 708A(5)(e) of the Corporations Act 2001 (Cth)

Whitehaven Coal Limited (“Whitehaven”) (ASX: WHC) has today issued 60,682,040 fully paid ordinary shares (“Shares”) by way of an underwritten institutional placement, as foreshadowed in Whitehaven’s announcement made on 31 July 2009.

In accordance with the requirements of section 708A(6) Corporations Act 2001 (Cth) (“Corporations Act”), Whitehaven notifies ASX that:

  • a) the Shares were issued without disclosure to investors under Part 6D.2 of the Corporations Act;

  • b) this notice is being given under section 708A(5)(e) of the Corporations Act;

  • c) as at the date of this notice, Whitehaven has complied with:

  • i) the provisions of chapter 2M of the Corporations Act as they apply to Whitehaven; and

  • ii) section 674 of the Corporations Act; and

  • d) as at the date of this notice, there is no information that is “excluded information” required to be set out in this notice by virtue of sections 708A(7) and 708A(8) of the Corporations Act.

For further information, please contact:

Tony Haggarty – Managing Director Tel: 02 8248 1257

Kate Kerrison – Kate Kerrison + Company Tel: 0413 946 704

Email: [email protected]

NOT FOR RELEASE OR DISTRIBUTION IN THE UNITED STATES OR TO US PERSONS