AVQ 0.00% 2.5¢ axiom mining limited

Appeal - Day 5, page-6

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    Dear Mr Onyura
    ASX AWARE QUERY
    We refer to the aware query received from the ASX on 28 May 2015 in relation to the Company’s
    announcement entitled “$4 million to fund initial development of the Isabel Nickel Project” lodged
    with the ASX Market Announcements Platform and released at 10.06am on 22 May 2015
    (‘Announcement’), and respond to the specific questions asked:
    1. Does the Company consider the information contained in the Announcement to be information
    that a reasonable person would expect to have a material effect on the price or value of its
    securities?
    Yes.
    1. If the answer to question 1 is “no” please advise the basis for that view.
    The answer to question 1 is yes—therefore, question 2 is not applicable.
    1. If the answer to question 1 is “yes”, when did the Company first become aware of the
    information?
    As the Company’s activities involve mineral exploration, the Company will not generate revenue
    until mining commences and is therefore reliant on capital raising or debt instruments for its
    ongoing funding. The Company is therefore frequently canvassing opportunities for funding,
    which occur as part of the Company’s ordinary course of business. Investor relations activities are
    conducted using publicly released material and information. More detailed discussions regarding
    any capital raisings are conducted under obligations of strict confidentiality.
    Any information in relation to such capital raising or debt funding enquiries and engagement with
    potential investors represents an incomplete proposal or negotiation and accordingly, the Board
    of the Company considers that a reasonable person would not expect information in relation to
    these ongoing activities to require disclosure to the market pursuant to Listing Rule 3.1.
    When the Company’s engagement with potential investors had progressed beyond merely
    canvassing generally for investments or funding to a point where the Company determined that a
    reasonable person would expect such activities to have a material effect on the price or value of
    Axiom’s securities, the Company made an announcement to the market.
    This announcement, made on 1 May 2015, stated that the Company was in negotiations with
    project financiers regarding funding in relation to the Company’s world class Isabel Nickel Project
    and that the Company was considering several funding proposals and further that the Company
    intended to make an announcement to the market on the finalisation of any material contracts
    and agreements.
    The Company then reiterated this position on 7 May 2015 in its response to the ASX’s Appendix
    5B Query, by referring to the 1 May 2015 announcement and noting that the Company was
    considering several funding proposals, continued to ensure capital is sourced and deployed
    effectively and that a further announcement to the market would be made when any material
    contracts and agreements had been finalised.
    Discussions with potential investors continued after 1 May 2015 and on 20 May 2015 until the
    Company requested a trading halt that would allow the Company to finalise the terms of
    additional funding for the Company and to allow the Company to make a more definitive
    announcement to the market about the concluded transactions with the relevant investors. That
    announcement was then released on 22 May 2015.
    1. If the answer to question 1 is “yes” and the Company first became aware of the information
    before the relevant date, did the Company make any announcement prior to the relevant date
    which disclosed the information?
    As detailed in the Company’s response to question 3 above, the Company made announcements
    regarding negotiations with potential funders on 1 May 2015 and 7 May 2015.
    1. Please confirm that the Company is in compliance with the listing rules and, in particular, listing
    rule 3.1.
    The Company is in compliance with Listing Rule 3.1.
    As announced to the market on 13 February 2015 and again on 14 April 2015, the Isabel Nickel
    Project civil appeal case is listed for a nine‐day hearing commencing on 26 May 2015. The appeal
    hearing has now commenced.
    The appeal hearing is continuing and the Company will inform the market of developments as the
    hearing progresses and following completion of the hearing.
    As announced to the market most recently on 10, 24 and 28 April and 25 May 2015, the Company
    is also continuing to execute an exploration drill program at the Isabel Nickel Project and it is, so
    far, consistently intersecting high grade nickel mineralisation. The Company will continue to
    announce its drilling results as and when they become available.

    Other than the matters set out above, the Company is not aware of any information concerning it
    that has not been announced to the market, that if known by some in the market, could explain
    the recent trading in its securities.
    Yours sincerely
    Ryan Mount
    Chief Executive Officer
    Last edited by Midnight26: 01/06/15
 
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