TP10/043
Mamba Minerals Limited (Mamba) has provided an undertaking in lieu of the Panel making interim orders in response to an application from Perizia Investments Pty Ltd and Kapiri Holdings Pty Ltd dated 23 July 2010 (see TP10/41).
Mamba has undertaken not to issue or allot shares under the non-renounceable rights issue announced by Mamba on 6 July 2010 without the prior consent of the Panel. A copy is attached.
The offer document for the rights issue was released to ASX on 6 July 2010 and Mamba made a further announcement to ASX in relation to the rights issue on Monday 2 August 2010.
The Panel requested that Mamba provide further information to it in relation to the rights issue after the close of the rights issue to ensure there is no unacceptable control effect, including:
- the number of applications received and amounts applied for
- the allocations proposed to the underwriters (including the identity of each sub-underwriter) and
- whether any applications for over-allotments have been met and how they have been met.
The rights issue closed on Wednesday 4 August 2010. Mamba has not yet provided all of this information.
The President of the Panel has appointed Martin Alciaturi, Peter Hay (sitting President) and Rodd Levy as the sitting Panel in this matter.
Allan Bulman
Director, Takeovers Panel
Level 10, 63 Exhibition Street
Melbourne, VIC 3000
Ph: +61 3 9655 3597
allan.bulman@takeovers.gov.au
Annexure
Australian Securities and
Investments Commission Act (Cth) Section 201A
Undertaking
Mamba Minerals Limited
Mamba Minerals Limited (Mamba) undertakes to the Panel that in respect of the non-renounceable rights issue announced by Mamba on 6 July 2010:
- it will not allot or issue any new shares under the rights issue without the prior approval of the Panel and
- it will confirm in writing to the Panel that it has satisfied its obligations under this undertaking.
Signed by Simon Llewellyn Owen of Gadens Lawyers
with the authority, and on behalf, of
Mamba Minerals Limited
Dated 5 August 2010
