For personal use only

Transcription

1 ECT RIGHTS ISSUE DESPATCH OF HOLDING STATEMENTS, TOP 20 SECURITY HOLDERS AND APPENDIX 3B Melbourne, Australia: 4 October 2011: The Environmental Clean Technologies Limited (the Company and ASX Code: ESI) advises that following the closure of Non-renounceable Rights Issue the Despatch Date is 4 October 2011 with holding statements having been sent to shareholders that took up their entitlements and applied for shortfall by the Closing Date of Tuesday, 27 September Mr McEwin s underwriting commitment to subscribe for 16,666,667 New Shares for an additional $100,000 remains pending and the Directors are confident there will be a significant take-up of New Shares from the shortfall in the 3 months following the close of the offer. The Company will lodge Appendices 3B following receipt of the underwriting subscription and any further subscription for the shortfall. The following provides detail of the Top 20 holders of the fully paid ordinary shares (ESI) and listed options (ESIO) following the allotment and distribution of security holders. TOP 20 HOLDERS OF FULLY PAID ORDINARY SHARES (ESI) 4 October 2011 Rank Holder Name Number Held Percentage 1 JBD INDUSTRIAL PARK PTY LTD 47,400, % 2 MR IAIN ROBERT MCEWIN & MS DIANNE CHURCH 36,441, % 3 P S PROPERTIES PTY LTD 18,000, % 4 MR ROD JOHNSON 16,900, % 5 JP MORGAN NOMINEES AUSTRALIA PTY LTD 16,772, % 6 JOSEPH BARAKAT & MARIE BARAKAT 12,805, % 7 MR ZHAO HAO CHEN 11,185, % 8 B & R SUPERANNUATION PTY LTD 11,000, % 9 RJ COUSINS TRANSPORT PTY LTD 9,333, % 10 MR EMILIO MOSCA & MRS ANNA MOSCA 8,625, % 11 NASWEY PTY LTD 8,367, % 12 PALDAR NOMINEES PTY LIMITED 8,000, % 13 MR DAVID LLOYD BONNITCHA 7,810, % 14 CARACOB PTY LTD 7,248, % 15 MR DANIEL JOSEPH BIGNEY 7,082, % 16 ABDUL FIDA PTY LTD 7,000, % 17 CBD PLAZA (AUST) PTY LTD 6,980, % 18 MR DANIEL GIOVINAZZO 6,666, % 19 KE RUI DA AUSTRALIA PTY LTD 6,659, % 20 KEWILPA PTY LTD 6,644, % Distribution of Shareholders (ESI) Number 1-1,000 shares held 155 1,001-5, ,001-10, , ,000 1, ,001 and above 1,263

2 TOP 20 HOLDERS OF LISTED OPTIONS (exercisable at 2.0 on or before 16/01/2014; ESIO) Rank Holder Name Number Percent 1 JBD INDUSTRIAL PARK PTY LTD 110,000, % 2 MASALI PTY LTD 25,000, % 3 MR IAIN ROBERT MCEWIN 19,404, % 4 GRAEME A WOOD PTY LTD 15,000, % 5 MR LARRY OWEN HANLEY 13,212, % 6 LARRY HANLEY PTY LTD 12,262, % 7 MR IAIN ROBERT MCEWIN & MS DIANNE CHURCH 10,674, % 8 ROB WOOD INVESTMENTS PTY LTD 10,500, % 9 HANLEY FAMILY PTY LTD 9,060, % 10 L J THOMSON PTY LTD 8,000, % 11 MR DARYL WILLIAM JAMES 8,000, % 12 B & R SUPERANNUATION PTY LTD 7,700, % 13 MR NICHOLAS HOLLAND 7,528, % 14 BALGOWNIE SECURITIES PTY LTD 7,000, % 15 CHALLENGE ROOFING PTY LTD 5,529, % 16 ROB WOOD INVESTMENTS P/L 5,000, % 17 MR BRAHAM MARTIN BASSER & MS MAUREEN BASSER 5,000, % 18 JOSEPH BARAKAT & MARIE BARAKAT 4,755, % 19 MR GREGORY MILTS 4,586, % 20 MR ROBERT DOUGLAS 4,500, % Distribution of Option holders (ESIO) Number 1-1,000 Options held 33 1,001-5, ,001-10, , , ,001 and above 483 The to advising securities for listing following completion of the entitlement and shortfall take-up offer follows. For Further Information Contact: Mike Davies Managing Director or info@ectltd.com.au About ECT ECT is in the business of commercialising leading-edge coal and iron making technologies that are capable of delivering financial and environmental benefits. We are focused on advancing a portfolio of technologies that have significant market potential globally. ECT s business plan is to pragmatically commercialise these technologies and secure sustainable, profitable income streams through licensing and other commercial mechanisms. About Coldry When applied to lignite and some sub-bituminous coals, the relatively simple Coldry beneficiation process produces a black coal equivalent (BCE) in the form of pellets. Coldry pellets have equal or superior energy value to many black coals and produce lower CO2 emissions than raw lignite. About MATMOR The MATMOR process has the potential to revolutionise primary iron making. MATMOR is a simple, low cost, low emission, production technology, utilising the patented MATMOR retort, which enables the use of cheaper feedstocks to produce primary iron.

3 Rule 2.7, , , , application for quotation of additional securities and agreement Information or documents not available now must be given to ASX as soon as available. Information and documents given to ASX become ASX s property and may be made public. Introduced 1/7/96. Origin: Appendix 5. Amended 1/7/98, 1/9/99, 1/7/2000, 30/9/2001, 11/3/2002, 1/1/2003, 24/10/2005. Name of entity Environmental Clean Technologies Limited ABN We (the entity) give ASX the following information. Part 1 - All issues You must complete the relevant sections (attach sheets if there is not enough space). 1 + Class of + securities issued or to be issued 1. Ordinary Shares(ASX Code: ESI) 2. Options (ESIO) 2 Number of + securities issued or to be issued (if known) or maximum number which may be issued ,366,583 Ordinary Shares 2. 92,183,507 Options 3 Principal terms of the + securities (eg, if options, exercise price and expiry date; if partly paid + securities, the amount outstanding and due dates for payment; if + convertible securities, the conversion price and dates for conversion) 1. Fully Paid Ordinary Shares ranking equally with existing Ordinary Shares 2. Listed Options exercisable at 2.0 on or before 16 January /10/2005 Page 1

4 4 Do the + securities rank equally in all respects from the date of allotment with an existing + class of quoted + securities? Yes,, the New Shares and New Options will ranks equally with the existing ESI and ESIO securities respectively If the additional securities do not rank equally, please state: the date from which they do the extent to which they participate for the next dividend, (in the case of a trust, distribution) or interest payment the extent to which they do not rank equally, other than in relation to the next dividend, distribution or interest payment 5 Issue price or consideration 1. ESI $0.006 per Ordinary Shares 2. ESIO Nil. 6 Purpose of the issue (If issued as consideration for the acquisition of assets, clearly identify those assets) 7 Dates of entering + securities into uncertificated holdings or despatch of certificates The intended use of the funds raised by the Offer, is to: complete Phase 1 of the Design for Tender in respect of the Proposed Coldry Production Plant, albeit this intended use will be dependent upon further cash to be raised from placement of the Shortfall in the ensuring 3 months following closure of the offer; fund the net cash loss between the cost of producing, and the revenue derived from, the 2,000 tonnes of Coldry BCE to be used by Datang in the Test Burn; meet short-term, working capital requirements in respect of the Test Burn; and meet operational expenditure in respect of the on-going development of the Coldry Technology and the MATMOR Technology. Tuesday, 4 October Number and + class of all + securities quoted on ASX (including the securities in clause 2 if applicable) Number 1,136,275, ,323,044 + Class Ordinary shares (ESI) Listed Options exercisable at approximately 2.0 on or before 16 January 2014 (ESIO) Page 2 1/1/2003

5 9 Number and + class of all + securities not quoted on ASX (including the securities in clause 2 if applicable) Number + Class ~2.8 Unsecured Convertible Notes with a total face value of US$646,055 (A$596,112) convertible into ordinary shares based on the average of the three lowest Volume Weighted Average Prices during the 15 trading days prior to the date of conversion of part or all of the Convertible Note in accordance with the terms and conditions as previously advised. All Convertible Notes have a maturity date of 2 November 2013 if not converted beforehand. 794,806 Options exercisable at 4.04 cents each and expiring on 8 Oct ,106 Options exercisable at cents each and expiring on 17 November ,999 Options exercisable at 3.12 cents each and expiring on 23 December 2011 Note: Options expiring on 25 Sept 2011 shown in lodged on 26 August 2011 have lapsed and not exercised 10 Dividend policy (in the case of a trust, distribution policy) on the increased capital (interests) None Part 2 - Bonus issue or pro rata issue 11 Is security holder approval required? No 12 Is the issue renounceable or nonrenounceable? 13 Ratio in which the + securities will be offered 14 + Class of + securities to which the offer relates 15 + Record date to determine entitlements Non-renounceable 2 New Shares for every 3 Shares and Subscribers for New Shares will also receive, at no cost, 1 New Option for every 2 New Shares issued to them. Fully paid ordinary shares Monday 5 September Will holdings on different registers (or subregisters) be aggregated for calculating entitlements? 24/10/2005 Page 3

6 17 Policy for deciding entitlements in relation to fractions Rounded up. 18 Names of countries in which the entity has + security holders who will not be sent new issue documents Note: Security holders must be told how their entitlements are to be dealt with. Cross reference: rule 7.7. France, Hong Kong, Hungary, Indonesia, Japan, Netherlands, Singapore, Switzerland, Thailand, UK and USA and any other country other than Australia and New Zealand 19 Closing date for receipt of acceptances or renunciations Tuesday 27 September Names of any underwriters The Offer is partially underwritten by Mr Iain McEwin. Mr McEwin has agreed to subscribe for New Shares up to the value of $100,000 to be issued under any Shortfall 21 Amount of any underwriting fee or commission Mr McEwin is not entitled to an underwriting fee. 22 Names of any brokers to the issue None 23 Fee or commission payable to the broker to the issue 24 Amount of any handling fee payable to brokers who lodge acceptances or renunciations on behalf of + security holders 5% The Directors may offer an additional brokerage fee of 5% of the aggregate issue price of any substantial Shortfall placed to holders of AFSLs. 25 If the issue is contingent on + security holders approval, the date of the meeting 26 Date entitlement and acceptance form and prospectus or Product Disclosure Statement will be sent to persons entitled 27 If the entity has issued options, and the terms entitle option holders to participate on exercise, the date on which notices will be sent to option holders 28 Date rights trading will begin (if applicable) 29 Date rights trading will end (if applicable) Tuesday 6 to Friday 9 September 2011 No entitlement to Option holders Page 4 1/1/2003

7 30 How do + security holders sell their entitlements in full through a broker? 31 How do + security holders sell part of their entitlements through a broker and accept for the balance? 32 How do + security holders dispose of their entitlements (except by sale through a broker)? 33 + Despatch date Tuesday 4 October 2011 Part 3 - Quotation of securities You need only complete this section if you are applying for quotation of securities 34 Type of securities (tick one) (a) Securities described in Part 1 (b) All other securities Example: restricted securities at the end of the escrowed period, partly paid securities that become fully paid, employee incentive share securities when restriction ends, securities issued on expiry or conversion of convertible securities Entities that have ticked box 34(a) NOT A NEW CLASS OF SECURITIES TO BE LISTED AND BOX 34(b) NOT TICKED SO QUESTIONS 35 to 42 NOT APPLICABLE 24/10/2005 Page 5

8 Quotation agreement 1 + Quotation of our additional + securities is in ASX s absolute discretion. ASX may quote the + securities on any conditions it decides. 2 We warrant the following to ASX. The issue of the + securities to be quoted complies with the law and is not for an illegal purpose. There is no reason why those + securities should not be granted + quotation. An offer of the + securities for sale within 12 months after their issue will not require disclosure under section 707(3) or section 1012C(6) of the Corporations Act. Note: An entity may need to obtain appropriate warranties from subscribers for the securities in order to be able to give this warranty Section 724 or section 1016E of the Corporations Act does not apply to any applications received by us in relation to any + securities to be quoted and that no-one has any right to return any + securities to be quoted under sections 737, 738 or 1016F of the Corporations Act at the time that we request that the + securities be quoted. If we are a trust, we warrant that no person has the right to return the + securities to be quoted under section 1019B of the Corporations Act at the time that we request that the + securities be quoted. 3 We will indemnify ASX to the fullest extent permitted by law in respect of any claim, action or expense arising from or connected with any breach of the warranties in this agreement. 4 We give ASX the information and documents required by this form. If any information or document not available now, will give it to ASX before + quotation of the + securities begins. We acknowledge that ASX is relying on the information and documents. We warrant that they are (will be) true and complete. Sign here: Company secretary Date: 4 th October 2011 Print name: John Osborne == == == == == Page 6 1/1/2003