Appendix 3B
Released
Released
Announcement PDF
Rule 2.7, 3.10.3, 3.10.4, 3.10.5
Appendix 3B
New Issue Announcement,
Application for Quotation of Additional
Securities and Agreement
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.
Introduced 01/07/96 Origin: Appendix 5 Amended 01/07/98, 01/09/99, 01/07/00, 30/09/01, 11/03/02, 01/01/03, 24/10/05, 01/08/12, 04/03/13
Name of Entity
Immuron Limited (ASX: IMC) (NASDAQ: IMRN)
ABN
80 063 114 045
We (the entity) give ASX the following information.
Part 1 - All issues
You must complete the relevant sections (attach sheets if there is not enough space).
1
+Class of +securities issued or to be issued
Ordinary Shares (IMC)
2
Number of +securities issued or to be issued
(if known) or maximum number which may
be issued
399,045
3
Principal terms of the +securities (e.g. if
options, exercise price and expiry date; if
partly paid +securities, the amount
outstanding and due dates for payment; if
+convertible securities, the conversion price
and dates for conversion)
Ordinary Fully Paid Shares (IMC)
+ See chapter 19 for defined terms.
07/07/2016
Appendix 3B Page 1
4
Do the +securities rank equally in all respects
from the +issue date with an existing +class of
quoted +securities?
Yes (IMC)
If the additional +securities do not rank
equally, please state:
• the date from which they do
• the extent to which they participate for
the next dividend, (in the case of a trust,
distribution) or interest payment
• the extent to which they do not rank
equally, other than in relation to the next
dividend, distribution or interest
payment
5
Issue price or consideration
$75,333.35
6
Purpose of the issue
(If issued as consideration for the acquisition
of assets, clearly identify those assets)
Repayment of Convertible Note Security in accordance
with executed funding agreement with a New York
based Investment fund provider announced to the ASX
on 17th Feb 2016.
6a
Is the entity an +eligible entity that has
obtained security holder approval under rule
7.1A?
Yes
If Yes, complete sections 6b – 6h in relation to the
+securities the subject of this Appendix 3B, and
comply with section 6i
6b
The date the security holder resolution under
rule 7.1A was passed
29 November 2016
6c
Number of +securities issued without
security holder approval under rule 7.1
399,045 Ordinary Fully Paid Shares (IMC)
6d
Number of +securities issued with security
holder approval under rule 7.1A
Nil
6e
Number of +securities issued with security
holder approval under rule 7.3, or another
specific security holder approval (specify
date of meeting)
Nil
6f
Number of +securities issued under an
exception in rule 7.2
Nil
6g
If +securities issued under rule 7.1A, was
issue price at least 75% of 15 day VWAP as
calculated under rule 7.1A.3? Include the
+issue date and both values. Include the
source of the VWAP calculation.
N/A
+ See chapter 19 for defined terms.
07/07/2016
Appendix 3B Page 2
6h
If +securities were issued under rule 7.1A for
non-cash consideration, state date on which
valuation of consideration was released to
ASX Market Announcements
N/A
6i
Calculate the entity’s remaining issue
capacity under rule 7.1 and rule 7.1A –
complete Annexure 1 and release to ASX
Market Announcements
Refer to the attached Appendix 1
7
+Issue dates
28 July 2017
Note: The issue date may be prescribed by ASX (refer to the
definition of issue date in rule 19.12). For example, the issue
date for a pro rata entitlement issue must comply with the
applicable timetable in Appendix 7A.
Cross reference: item 33 of Appendix 3B.
8
Number and +class of all +securities
quoted on ASX (including the
+securities in section 2 if applicable)
Number
+Class
128,440,462*
Fully Paid Ordinary Shares (IMC)
2,000,000
Fully Paid Ordinary Shares (IMC) held in
escrow as security for any repayment default
of the Convertible Loan.
These will either be purchased by the Investor
or cancelled at end of agreement.
25,289,894
Listed Options (IMCOB) exercisable at A$0.55
on or before 30 Nov 2019
* This number does not include 3,660,000 shares (91,500 ADSs)
which, pursuant to the ASX announcement on 9 June 2017,
may be issued for any over-allocations under the NASDAQ IPO
listing.
9
Number and +class of all
+securities not quoted on
ASX
(including
the
+securities in section 2 if
applicable)
Qty
Amount
62,500
+Class (Options over Ordinary Shares)
Exercise
Expiration
ASX Code
Price
Date
AUD$1.556
1 Nov 2017
IMCSO2
1,050,000
AUD$0.500
1 Oct 2018
IMCAC
1,000,000
AUD$0.570
24 Feb 2019
IMCAI
15,380
AUD$1.892
28 Feb 2019
IMCAI
140,056
AUD$0.300
28 May 2019
IMCAI
7,625,532*
AUD$0.500
27 Nov 2019
IMCAI
14,493
AUD$1.944
30 Nov 2021
IMCRM1
29,668
AUD$1.876
17 Jan 2022
IMCRM2
USD$10.00 for
every 40 options
Total
13 Jun 2022
IMCAI
28,060,000
(701,500 Warrants)
37,997,629
*1,000,000 of these options are subject to shareholder approval and will
be tabled at the next members meeting.
+ See chapter 19 for defined terms.
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Appendix 3B Page 3
9
Number and +class of all +securities
not quoted on ASX (including the
+securities in section 2 if applicable)
Qty
150,667
+Class (Convertible Notes - IMCAA)
A$150,667 Face Value Convertible Note
repayable over a remaining 2 mth period settled
at the Company’s discretion by way of either:
- the issuance of new Shares at a 10% discount
to VWAP average price of any 5 days over the
20 days immediately prior to a repayment
date; or
- a cash repayment of the due amount plus a
2.5% premium.
10
Dividend policy (in the case of a
trust, distribution policy) on the
increased capital (interests)
Unchanged
Part 2 - Pro rata issue
11
Is
security
required?
holder
12
Is the issue renounceable or nonrenounceable?
-
13
Ratio in which the +securities will be
offered
-
14
+Class
of +securities to which the
offer relates
-
15
+Record
determine
-
16
Will holdings on different registers
(or sub-registers) be aggregated for
calculating entitlements?
-
17
Policy for deciding entitlements in
relation to fractions
-
18
Names of countries in which the
entity has security holders who will
not be sent new offer documents
-
date
entitlements
to
approval
-
Note: Security holders must be told how their
entitlements are to be dealt with.
Cross reference: rule 7.7.
19
Closing date for receipt
acceptances or renunciations
+ See chapter 19 for defined terms.
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of
-
Appendix 3B Page 4
20
Names of any underwriters
-
21
Amount of any underwriting fee or
commission
-
22
Names of any brokers to the issue
-
23
Fee or commission payable to the
broker to the issue
-
24
Amount of any handling fee payable
to brokers who lodge acceptances
or renunciations on behalf of
security holders
-
25
If the issue is contingent on security
holders’ approval, the date of the
meeting
-
26
Date entitlement and acceptance
form and offer documents will be
sent to persons entitled
-
27
If the entity has issued options, and
the terms entitle option holders to
participate on exercise, the date on
which notices will be sent to option
holders
-
28
Date rights trading will begin
(if applicable)
-
29
Date rights trading will end
(if applicable)
-
30
How do security holders sell their
entitlements in full through a
broker?
-
31
How do security holders sell part of
their entitlements through a broker
and accept for the balance?
-
32
How do security holders dispose of
their entitlements
(except by sale through a broker)?
-
33
+Issue date
-
+ See chapter 19 for defined terms.
07/07/2016
Appendix 3B Page 5
Part 3 - Quotation of securities
You need only complete this section if you are applying for quotation of securities
34
Type of +securities
(tick one)
(a)
+Securities described in Part 1
(b)
All other +securities
Example: restricted securities at the end of the escrowed period, partly paid securities that become fully paid, employee incentive share
securities when restriction ends, securities issued on expiry or conversion of convertible securities
Entities that have ticked box 34(a)
Additional securities forming a new class of securities
Tick to indicate you are providing the information or documents
35
If the +securities are +equity securities, the names of the 20 largest holders of the additional
+securities, and the number and percentage of additional +securities held by those holders
36
If the +securities are +equity securities, a distribution schedule of the additional +securities
setting out the number of holders in the categories
1 - 1,000
1,001 - 5,000
5,001 - 10,000
10,001 - 100,000
100,001 and over
37
A copy of any trust deed for the additional +securities
+ See chapter 19 for defined terms.
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Appendix 3B Page 6
Entities that have ticked box 34(b)
38
Number of +securities for which +quotation is sought
39
+Class of +securities for which quotation is sought
40
Do the +securities rank equally in all respects from the
+issue date with an existing +class of quoted
+securities?
If the additional +securities do not rank equally,
please state:
• the date from which they do
• the extent to which they participate for the next
dividend, (in the case of a trust, distribution) or
interest payment
• the extent to which they do not rank equally,
other than in relation to the next dividend,
distribution or interest payment
41
Reason for request for quotation now
Example: In the case of restricted securities, end of restriction period
(if issued upon conversion of another +security,
clearly identify that other +security)
Number
42
+Class
Number and +class of all +securities quoted on ASX
(including the +securities in clause 38)
+ See chapter 19 for defined terms.
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Appendix 3B Page 7
Quotation agreement
1
+Quotation of our additional +securities is in ASX’s absolute discretion. ASX may quote the +securities
on any conditions it decides.
2
We warrant the following to ASX.
•
The issue of the +securities to be quoted complies with the law and is not for an illegal purpose.
•
There is no reason why those +securities should not be granted +quotation.
•
An offer of the +securities for sale within 12 months after their issue will not require disclosure
under section 707(3) or section 1012C(6) of the Corporations Act.
Note: An entity may need to obtain appropriate warranties from subscribers for the securities
in order to be able to give this warranty
•
Section 724 or section 1016E of the Corporations Act does not apply to any applications
received by us in relation to any +securities to be quoted and that no-one has any right to
return any +securities to be quoted under sections 737, 738 or 1016F of the Corporations Act
at the time that we request that the +securities be quoted.
If we are a trust, we warrant that no person has the right to return the +securities to be quoted
under section 1019B of the Corporations Act at the time that we request that the +securities
•
be quoted.
3
We will indemnify ASX to the fullest extent permitted by law in respect of any claim, action or expense
arising from or connected with any breach of the warranties in this agreement.
4
We give ASX the information and documents required by this form. If any information or document is
not available now, we will give it to ASX before +quotation of the +securities begins. We acknowledge
that ASX is relying on the information and documents. We warrant that they are (will be) true and
complete.
Sign here:
________________________
Company Secretary & CFO
Print name:
Peter Vaughan
Date: Friday, 28th July 2017
The CFO Solution
Friday 28 July 2017
+ See chapter 19 for defined terms.
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Appendix 3B Page 8
Appendix 3B – Annexure 1
Calculation of placement capacity under rule 7.1
and rule 7.1A for eligible entities
Introduced 01/08/12 Amended 04/03/13
Part 1
Rule 7.1 – Issues exceeding 15% of capital
Step 1: Calculate “A”, the base figure from which the placement capacity is calculated
Insert number of fully paid +ordinary securities on issue
12 months before the +issue date or date of agreement
to issue
101,420,624
Add the following:
• Number of fully paid +ordinary securities issued in
that 12 month period under an exception in rule 7.2
2,960,793 (LR 7.2)
25,660,000 (LR 7.3)
• Number of fully paid +ordinary securities issued in
that 12 month period with shareholder approval
• Number of partly paid +ordinary securities that
became fully paid in that 12 month period
Note:
• Include only ordinary securities here – other classes of
equity securities cannot be added
• Include here (if applicable) the securities the subject of
the Appendix 3B to which this form is annexed
• It may be useful to set out issues of securities on
different dates as separate line items
Subtract the number of fully paid +ordinary securities
cancelled during that 12 month period
Nil
“A”
130,041,417
Step 2: Calculate 15% of “A”
“B”
0.15
[Note: this value cannot be changed]
Multiply “A” by 0.15
+ See chapter 19 for defined terms.
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19,506,213
Appendix 3B
Page 9
Step 3: Calculate “C”, the amount of placement capacity under rule 7.1 that has already
been used
Insert number of +equity securities issued or agreed to be
issued in that 12 month period not counting those
issued:
7,719,045
• Under an exception in rule 7.2
• Under rule 7.1A
• With security holder approval under rule 7.1 or rule
7.4
Note:
• This applies to equity securities, unless specifically excluded – not
just ordinary securities
• Include here (if applicable) the securities the subject of the
Appendix 3B to which this form is annexed
• It may be useful to set out issues of securities on different dates as
separate line items
“C”
11,787,168
Step 4: Subtract “C” from [“A” x “B”] to calculate remaining placement capacity under
rule 7.1
“A” x 0.15
19,506,213
Note: number must be same as shown in Step 2
Subtract “C”
7,719,045
Note: number must be same as shown in Step 3
Total [“A” x 0.15] – “C”
11,787,168
[Note: this is the remaining placement capacity
under rule 7.1]
+ See chapter 19 for defined terms.
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Appendix 3B
Page 10
Part 2
Rule 7.1A – Additional placement capacity for eligible entities
Step 1: Calculate “A”, the base figure from which the placement capacity is calculated
“A”
130,041,417
Note: number must be same as shown in Step 1 of Part 1
Step 2: Calculate 10% of “A”
“D”
0.10
Note: this value cannot be changed
Multiply “A” by 0.10
13,004,142
Step 3: Calculate “E”, the amount of placement capacity under rule 7.1A that has already
been used
Insert number of +equity securities issued or agreed to be
issued in that 12 month period under rule 7.1A
Nil
Notes:
• This applies to equity securities – not just ordinary securities
• Include here – if applicable – the securities the subject of the
Appendix 3B to which this form is annexed
• Do not include equity securities issued under rule 7.1 (they must be
dealt with in Part 1), or for which specific security holder approval
has been obtained
• It may be useful to set out issues of securities on different dates as
separate line items
“E”
Nil
Step 4: Subtract “E” from [“A” x “D”] to calculate remaining placement capacity under
rule 7.1A
“A” x 0.10
13,004,142
Note: number must be same as shown in Step 2
Subtract “E”
Nil
Note: number must be same as shown in Step 3
Total [“A” x 0.10] – “E”
13,004,142
[Note: this is the remaining placement capacity
under rule 7.1A]
+ See chapter 19 for defined terms.
07/07/2016
Appendix 3B
Page 11
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