The Company has issued a total of 3,464,559 fully paid ordinary shares, [b]being the second of 5 tranches, announced on 1 May 2008[/b] “Proposed Issue of Shares”, to YA Global Investments, L.P. (trading as Cornell Capital Partners Offshore, LP) under the terms of the Convertible Note dated 29 October 2007.
Appendix 3B is attached. The Company seeks to rely on case 1 in Section 708A(5) of the Corporations Act (“Act”) in respect of the issue of those shares. The Company gives notice under paragraph (5) (e) of Section 708A of the Act to confirm that:
1. The Company issued the above shares without disclosure to the placees under Part 6D.2 of the Act.
2. As at the date of this notice the Company has complied with: (a) The provisions of Chapter 2M of the Act (as applicable to the Company); and (b) Section 674 of the Act.
3. At the date of this notice there is no excluded information (as defined in paragraph (7) of Section 708A of the Act) which is required to be disclosed by the Company.
Yours faithfully, Garry Edwards COMPANY SECRETARY Kc/ge070.08
APPENDIX 3B – ASX LISTING RULES
New Issue announcement,Application for quotation of additional securities and agreement 8. Number and class of all securities quoted on ASX (including the additional securities) – Note:
Number Class 486,346,335 Ordinary Shares Fully Paid (including additional 3,464,559 issued) 486,346,335 TOTAL SHARES
88,113,250 Options exercisable on or before 30 October 2008 88,113,250 TOTAL OPTIONS
9. Number and class of all issued securities not quoted on ASX (including options, preference shares, convertible notes, partly paid shares, loan securities, etc.)
4,097,500 Non transferable Options (Employees) exercisable on or before 12 November 2008 at 20 cents.
300,000 Non transferable Options (Employees) exercisable on or before 1 December 2008 at 15 cents.
1,512,500 Non transferable Options (Employees) exercisable on or before 1 November 2009 at 20 cents.
8,475,000 Non transferable Options (Employees) exercisable on or before 14 August 2011 at 45 cents.
5,200,000 Non transferable Options (Employees) exercisable on or before 29 November 2010 at 28 cents.
5,000,000 Non transferable Options exercisable on or before 9 November 2012 at 48 cents
