Ann: Intention to launch Share Purchase Plan, page-22

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George1972

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20/07/23

14:13

Post #: 68889102
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Originally posted by nottawombat: ↑

OK George below waiver issued by ASX uplifted from the recent MME CR and SPP

In plain English , the company can seek an exception to the rule if it prejudices the existing shareholders.

What ANP has tried to do to circumvent this quite simple process is change the date.

very very wrong .

Underlying Policy
Listing Rule 7.1 protects a listed entity's security holders against
dilution of their voting and economic interests in the listed entity by
imposing a limit on the number of equity securities that may be issued
by the entity without prior security holder approval.
Present Application
ASIC Class Order 19/547 contemplates the issue of not more than
$30,000 worth of securities to each ordinary security holder under a
security purchase plan without a prospectus. Exception 5 of Listing
Rule 7.2 exempts these plans from the requirement for prior ordinary
security holder approval because it is a type of issue that offers
participation to existing security holders in a way that, while not pro
rata, is made on equal terms. The exception requires that the issue
price be no lower than 80% of the 5 day volume weighted average
market price prior to the date of issue of the securities or the
announcement of the plan, and that the total number of securities
issued be no greater than 30% of the number of ordinary fully paid
shares on issue. The Company announced a placement and the SPP
at a fixed price ($0.08 per share) on 30 March 2023. The terms of the
SPP in this case are such that the price of securities under the SPP
will be the same price as securities issued under the placement,
which is at a discount of approximately 38.2% of the VWAP over the
last 5 days on which trades were recorded before the day on which
the SPP (and the placement) were announced (as opposed to the
maximum discount allowable under the SPP exception of 20%). In the
interests of fairness, unrelated security holders are to be offered
securities under the SPP at the placement price. An SPP on these
terms is consistent with the policy basis of the exception. The overall
cap of 30% of issued capital must still be observed to limit the overall
degree of dilution that may be caused by the issue.

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@nottawombat

I have reserved this new handle name for you
@iamawombat

ANP Price at posting: 5.6¢ Sentiment: Buy Disclosure: Held
12 Upvote

4 Great analysis

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