30th Apr 2009 11:36
AQUARIUS PLATINUM LIMITED
ASX, LSE & JSE
NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION, DIRECTLY OR INDIRECTLY, IN OR
INTO THE UNITED STATES, CANADA OR JAPAN.
30 April 2009
97.16 PER CENT ACCEPTANCE OF AQUARIUS' RIGHTS ISSUE
Aquarius Platinum Limited ("Aquarius" or the "Company") announces that the 1 for 9 Rights Issue of 41,491,737 Rights Issue Shares at A$2.39, 115 pence or ZAR15.83 per Rights Issue Share closed for acceptances at 5.00 p.m. (AWST) on 29 April 2009 for Qualifying Australian Shareholders and their renouncees, 11.00 a.m. (London time) on 28 April 2009 for Qualifying DI Holders and their renouncees, 11.00 a.m. (London time) on 29 April for Qualifying Non-CREST Shareholders and their renouncees and 12.00 p.m. (CAT) on 29 April 2009 for Qualifying South African Shareholders and their renouncees.
Aquarius received valid acceptances in respect of 40,313,278 Rights Issue Shares, representing approximately 97.16% of the total number of Rights Issue Shares offered to Qualifying Shareholders pursuant to the fully underwritten Rights Issue.
Dealings in Rights Issue Shares, fully paid, commenced at 8.00 a.m. (London time) and 9.00 a.m. (CAT) today on the LSE and JSE and it is expected that the Rights Issue Shares will commence trading on ASX at 10.00 a.m. (AWST) on 7 May 2009.
In the case of Qualifying Australian Shareholders and their renouncees who validly take up their Nil Paid Rights, allotment confirmations are expected to be despatched on 6 May 2009. In the case of Qualifying UK Shareholders and their renouncees, New Depository Interests will be credited to the CREST stock accounts of the relevant Qualifying DI Holders (or their renouncees) who validly take up their DI Nil Paid Rights on 30 April 2009 and share certificates for the Rights Issue Shares will be despatched to Qualifying Non-CREST Shareholders (or their renouncees), who validly take up their Nil Paid Rights by no later than 7 May 2009. In the case of Qualifying South African Shareholders and their renouncees, accounts of Qualifying South African Dematerialised Shareholders (or their renouncees) will be updated and credited/ debited in respect of Rights Issue Shares at their CSDP or broker on 30 April 2009 and share certificates for Rights Issue Shares will be despatched to Qualifying South African Shareholders (or their renouncees) who hold their Common Shares in certificated form on or about 4 May 2009.
In accordance with their underwriting obligations in respect of the Rights Issue, Merrill Lynch International ("Merrill Lynch") and Euroz Securities Limited ("Euroz") will be seeking subscribers for the remaining 1,178,459 Rights Issue Shares.
A further announcement as to the number of Rights Issue Shares for which acquirers have been procured and those (if any) which are to be acquired by Merrill Lynch and Euroz will be made in due course.
Unless otherwise defined in this announcement, capitalised terms shall have the meaning given to them in the Prospectus.
Contacts Aquarius Platinum Limited Stuart Murray, CEO +27 11 455 2050 Willi Boehm, Company Secretary +61 8 9367 5211 Nicholas Bias, IR +41 79 888 1642 Merrill Lynch International Andrew Osborne +44 20 7628 1000 Rupert Hume-Kendall +44 20 7628 1000 Euroz Securities Limited Doug Young +61 8 9488 1400 Rand Merchant Bank, a division of FirstRand Bank Limited Peter Hayward-Butt +27 11 282 8000 Carel Vosloo +27 11 282 8000 Lazard & Co., Limited Peter Kiernan +44 20 7187 2000 Spiro Youakim +44 20 7187 2000 REGISTERED OFFICE
Aquarius Platinum Limited â— Clarendon House â— 2 Church Street â— Hamilton HMCX Bermuda
Email: [email protected]
Telephone: +61 8 9367 5211
This announcement is an advertisement and not a prospectus and investors should not subscribe for or purchase any securities or rights referred to in this announcement pursuant to the Rights Issue except on the basis of information in the Prospectus (including any supplement thereto) published by Aquarius in connection with the Rights Issue. Copies of the Prospectus are available from the Company's registered office during normal business hours.
This announcement is for information purposes only and shall not constitute an offer to buy, sell, issue, or subscribe for, or the solicitation of an offer to buy, sell, issue, or subscribe for any securities in the capital of the Company, nor shall there be any sale of securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction.
This announcement has been issued by and is the sole responsibility of Aquarius.
No representation or warranty, express or implied, is or will be made as to, or in relation to, and no responsibility or liability is or will be accepted by Merrill Lynch, Euroz or by any of their respective affiliates or agents as to, or in relation to, the accuracy or completeness of this announcement or any other written or oral information made available to or publicly available to any interested party or its advisers, and any liability therefore is expressly disclaimed.
Both Merrill Lynch International and Euroz are acting exclusively for Aquarius and no one else in connection with the Placing and the Rights Issue and will not regard any other person (whether or not a recipient of announcement) as a client in relation to the Placing or the Rights Issue and will not be responsible to anyone other than Aquarius for providing the protections afforded to clients of either Merrill Lynch International or Euroz or for providing advice in relation to the Placing or the Rights Issue or any other matter referred to in this announcement.
No person has been authorised to give any information or to make any representations other than those contained in this announcement and, if given or made, such information or representations must not be relied on as having been authorised by Aquarius, Merrill Lynch or Euroz. Other than in accordance with their legal or regulatory obligations, neither Aquarius nor Merrill Lynch International nor Euroz undertakes any duty to, and will not necessarily, release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Aquarius' expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based, except to the extent required by applicable law, the Australian Corporations Act, the ASX Listing Rules, the Prospectus Rules, the UK Listing Rules and the Disclosure and Transparency Rules, the JSE Listing Requirements and the South African Companies Act.
The distribution of this announcement and the offering of the Nil Paid Rights, the DI Nil Paid Rights and the Rights Issue Shares (collectively, the "Securities") in certain jurisdictions may be restricted by law. No action has been taken by Aquarius or Merrill Lynch or Euroz that would permit an offering of the Securities or possession or distribution of this announcement or any other offering or publicity material relating to the Securities in any jurisdiction where action for that purpose is required. Persons into whose possession this announcement comes are required by Aquarius, Merrill Lynch and Euroz to inform themselves about, and to observe such restrictions.
This announcement is not for distribution, directly or indirectly, in or into the United States (including its territories and possessions, any State of the United States and the District of Columbia), Canada or Japan or any jurisdiction into which the same would be unlawful. This announcement does not constitute or form part of an offer or solicitation to purchase or subscribe for Securities in the United States, Canada or Japan or any jurisdiction in which such an offer or solicitation is unlawful. In particular, the Securities referred to in this announcement have not been, and will not be, registered under the US Securities Act of 1933, as amended (the "Securities Act") or under the securities legislation of any state of the United States, and may not be offered or sold in the United States absent registration or an applicable exemption from, or in a transaction not subject to, the registration requirements under the Securities Act. Subject to certain exceptions, the Securities referred to in this announcement are being offered and sold only outside the United States in accordance with Regulation S under the Securities Act. No public offering of Securities of Aquarius will be made in the United States.
The relevant clearances have not been, and nor will they be, obtained from the securities commission of any province or territory of Canada; no prospectus has been lodged with, or registered by Investments Commission or the Japanese Ministry of Finance; and the Securities have not been, and nor will they be, registered under or offered in compliance with the securities laws of any state, province or territory of Canada or Japan. Accordingly, the Securities may not (unless an exemption under the relevant securities laws is applicable) be offered, sold, resold or delivered, directly or indirectly, in or into Canada or Japan.
This announcement has been prepared for the purposes of complying with applicable law and regulation in the United Kingdom and the information disclosed may not be the same as that which would have been disclosed if this announcement had been prepared in accordance with the laws and regulations of any jurisdiction outside of the United Kingdom.
Neither the content of Aquarius' website nor any website accessible by hyperlinks on Aquarius' website is incorporated in, or forms part of, this announcement.
The address of Merrill Lynch is Merrill Lynch Financial Centre, 2 King Edward Street, London, United Kingdom, EC1A 1HQ. The address for Euroz is 1 William Street, Perth, Western Australia, Australia, 6000.
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AQP.L