For personal use only
This appendix is not available as an online form | |
Please fill in and submit as a PDF announcement | +Rule 3.10.1(c) |
Appendix 3A.5
Notification of return of capital by way of in specie
distribution of +securities in another entity
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.
*Denotes minimum information required for first lodgement of this form, with exceptions provided in specific notes for certain questions. The balance of the information, where applicable, must be provided as soon as reasonably practicable by the entity.
Note: This form assumes the entity is an Australian company undertaking a return of capital that is regulated by section 256C of the Corporations Act. It the entity is not an Australian company, it should use the Word version of this form, rather than the online version, and adjust it as necessary.
If the entity is paying a cash dividend at the same time as the return of capital, it must also lodge an Appendix 3A.1 - notification of dividend / distribution.
Part 1 - Entity and announcement details
Question | Question | Answer | ||
no | ||||
1.1 | *Name of entity | Metals X Limited | ||
1.2 | *Registration type and number | ABN 25 110 150 055 | ||
One of ABN/ARSN/ARBN/ACN or other registration | ||||
type and number (if "other" please specify what type | ||||
of registration number has been provided). | ||||
1.3 | *ASX issuer code | MLX | ||
1.4 | *The announcement is | ☒ A new announcement | ||
Select whichever is applicable. | ☐ An update/correction to a previous | |||
announcement | ||||
☐ A cancellation of a previous | ||||
announcement | ||||
1.4a | *Reason for update | Not applicable | ||
Answer this question if your response to Q 1.4 is "An | ||||
update/correction to a previous announcement". | ||||
1.4b | *Date of previous announcement to this | Not applicable | ||
update | ||||
Answer this question if your response to Q 1.4 is "An | ||||
update/correction to a previous announcement". | ||||
1.4c | *Reason for cancellation | Not applicable | ||
Answer this question if your response to Q 1.4 is "A | ||||
cancellation of a previous announcement". | ||||
1.4d | *Date of previous announcement to this | Not applicable | ||
cancellation | ||||
Answer this question if your response to Q 1.4 is "A | ||||
cancellation of a previous announcement". | ||||
1.5 | *Date of this announcement | 15 November 2021 | ||
The date of lodgement of the form by the entity via | ||||
ASX Online. | ||||
1.6 | *Applicable ASX +security code and | MLX - Fully paid ordinary shares | ||
description for return of capital | ||||
Please advise the security to which the notification | ||||
applies. Only one security can be advised for each | ||||
form. Consequent changes to option pricing are | ||||
covered in later parts of this form. | ||||
+See chapter 19 for defined terms | |
5 June 2021 | Page 1 |
This appendix is not available as an online form | Appendix 3A.5 | ||||
Notification of return of capital by way of in | |||||
specie distribution of +securities in another entity | |||||
1.7 | *Does the entity making the return of | No | |||
only | capital have quoted options on issue | ||||
If you respond "Yes" to this question, you will need | |||||
to answer Q3.2a, 3.3b, 3.5a, 3.6a, 3.7a, 3.8a, 4.5- | |||||
4.5b and 4.6-4.6c. | |||||
1.8 | *Is the return of capital a selective | No | |||
reduction of capital | |||||
If you respond "Yes" to this question, you will need | |||||
to answer Q3.1a and 3.1b. | |||||
1.9 | *Is the entity whose +securities are being | No | |||
distributed in the return of capital currently | |||||
use | listed on ASX | ||||
If you respond "Yes" to this question, you will need | |||||
to answer Q3.3a, 3.5, 3.6, 3.7, 3.8 and 4.1a-b. | |||||
If you respond "No" to this question, you will need to | |||||
answer Q1.10 and 4.1c-f | |||||
1.10 | *Is the entity whose +securities are being | Yes | |||
distributed in the return of capital | |||||
proposing to list on ASX | |||||
Answer this question if your response to Q1.9 is | |||||
personalFor | "No". | ||||
If you respond "Yes" to this question, you will need | |||||
to answer Q3.3a, 3.5, 3.6, 3.7, 3.8 and 4.1c-f. | |||||
+See chapter 19 for defined terms | |
5 June 2021 | Page 2 |
For personal use only
This appendix is not available as an online formAppendix 3A.5 Notification of return of capital by way of in specie distribution of +securities in another entity
Part 2 - Conditions
Question | Question | Answer | |||||
No. | |||||||
2.1 | *Do any external approvals need to be | Yes | |||||
obtained or other conditions satisfied before | |||||||
the return of capital can proceed on an | |||||||
unconditional basis? | |||||||
For example this could include: | |||||||
• | +Security holder approval | ||||||
• | Court approval | ||||||
• | Lodgement of court order with +ASIC | ||||||
• | ACCC approval | ||||||
• | FIRB approval | ||||||
• | Another approval/condition external to the | ||||||
entity required to be given/met before | |||||||
business day 0 of the timetable for the | |||||||
return of capital. | |||||||
If any of the above approvals apply to the return of | |||||||
capital they must be obtained before business day 0 of | |||||||
the Appendix 7A, section 9 timetable. | |||||||
The purpose of the question is to confirm that relevant | |||||||
approvals are received prior to ASX establishing an ex | |||||||
market in the +securities. If the entity wishes to | |||||||
disclose approvals or conditions which are to be | |||||||
resolved at a later date it should use Part 5 "Further | |||||||
information". | |||||||
2.2 | Approvals | ||||||
Answer this question if your response to Q2.1 is "Yes". | |||||||
Note: This question refers only to events which take place before business day 0 of the Appendix 7A, section 9 | |||||||
timetable. The purpose of the question is to confirm that relevant approvals are received prior to ASX establishing an | |||||||
ex market in the securities. If the entity wishes to disclose approvals or conditions which are to be resolved at a later | |||||||
date it should use Part 5 "Further information". | |||||||
*Approval/ | *Date for | *Is the date | **Approval received/ | Comments | |||
condition Type | determination | estimated or | condition met? | ||||
Select the applicable | The 'date for | actual? | Please respond "Yes" or "No". | ||||
approval/condition | determination' is the | Only answer this question | |||||
from the list (ignore | date that you expect to | when you know the outcome | |||||
those that are not | know if the approval is | of the approval. If you lodge | |||||
applicable). More than | given or condition is | this form before the outcome | |||||
one approval/condition | satisfied (for example, | of the approval is known, you | |||||
can be selected. | the date of the security | will need to lodge an updated | |||||
holder meeting in the | Appendix 3A.5 showing that all | ||||||
case of security holder | required approvals have been | ||||||
approval or the date of | obtained and conditions have | ||||||
the court hearing in | been met prior to business | ||||||
the case of court | day 0 in the Appendix 7A | ||||||
approval). | section 9 timetable. | ||||||
+Security holder | 15 December | ☐ | It is a condition to | ||||
approval | 2021 | the in-specie | |||||
Estimated | |||||||
distribution that | |||||||
OR | |||||||
shareholder | |||||||
☒ | approval of the in- | ||||||
specie distribution | |||||||
Actual | |||||||
is received. | |||||||
+See chapter 19 for defined terms | |
5 June 2021 | Page 3 |
For personal use only
This appendix is not available as an online form | Appendix 3A.5 | ||||||
Notification of return of capital by way of in | |||||||
specie distribution of +securities in another entity | |||||||
Court approval | ☐ | Yes or No | |||||
Estimated | |||||||
OR | |||||||
☐ | |||||||
Actual | |||||||
Lodgement of | ☐ | Yes or No | |||||
court order with | Estimated | ||||||
+ASIC | |||||||
OR | |||||||
☐ | |||||||
Actual | |||||||
ACCC approval | ☐ | Yes or No | |||||
Estimated | |||||||
OR | |||||||
☐ | |||||||
Actual | |||||||
FIRB approval | 15 December | ☒ | It is a condition to | ||||
2021 | the in-specie | ||||||
Estimated | |||||||
distribution that the | |||||||
OR | |||||||
Foreign Investment | |||||||
☐ | Review Board | ||||||
notifying MLX | |||||||
Actual | |||||||
under the Foreign | |||||||
Acquisitions and | |||||||
Takeovers Act | |||||||
1975 (Cth) that the | |||||||
Treasurer has no | |||||||
objections to the | |||||||
transactions | |||||||
contemplated by | |||||||
the share sale | |||||||
agreement | |||||||
(including the in- | |||||||
specie distribution) | |||||||
proceeding. | |||||||
Other (please | 15 December | ☒ | It is a condition to | ||||
specify in | 2021 | the in-specie | |||||
Estimated | |||||||
comment section) | distribution that | ||||||
OR | |||||||
conditional listing | |||||||
☐ | approval is | ||||||
received for NICO | |||||||
Actual | |||||||
(NC1) to list on | |||||||
ASX on the basis of | |||||||
planned completion | |||||||
of the IPO and the | |||||||
share sale | |||||||
agreement | |||||||
between NLR and | |||||||
MLX dated 3 | |||||||
November 2021. | |||||||
+See chapter 19 for defined terms | |
5 June 2021 | Page 4 |
This appendix is not available as an online formAppendix 3A.5 Notification of return of capital by way of in specie distribution of +securities in another entity
For personal use only
+See chapter 19 for defined terms | |
5 June 2021 | Page 5 |
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Metals X Limited published this content on 15 November 2021 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 15 November 2021 03:49:03 UTC.