This Notice is being issued to provide Participants with further information in relation to the bid and details the acceptance process through CHESS.

What do I need to do by when?

Bid Details:

NAM001 – By accepting under Takeover Code NAM001 you are declaring that:  

·         The shareholder is an Australian tax resident Namoi Shareholder; or

·         The shareholder is not an Australian tax resident and together with associates, has held less than 10% of the Namoi Shares at the time of accepting the Offer or for a continuous 12 month period during the two years preceding that time.

NAMTAX – By accepting under Takeover Code NAMTAX you are declaring that:  

·         The shareholder is a foreign tax resident Namoi Shareholder; and

·         The shareholder is not an Australian tax resident and together with associates, had held 10% or more of the Namoi Shares at the time of accepting the Offer or for a continuous 12 month period during the two years preceding that time.

By accepting using takeover code NAMTAX, LDC may withhold a sufficient portion of the Offer consideration to enable the payment of 12.5% Capital Gains withholding tax to the Australian Taxation Office.

Offer Terms:

CHESS will process acceptance messages until 7:00pm (Sydney time) on 7 June 2024 in the event that the bid is extended, such other time as may be notified by bidder to the market.

The offer is conditional and NAM shareholders may accept the offer for all or part of their NAM shares held at the time the acceptance is processed.

Please call the Offer Information Line on 1300 265 238 (within Australia) or +61 3 9415 4833 (outside Australia), Monday to Friday (excluding public holidays) between 9.00 am and 5.00 pm (Sydney time).

Need more information?

Issued by

Beverley Faux, Equity Operations

Contact information

Beverley Faux
1800 814 051
chesshelp@asx.com.au

General Information

Participants should refer to Section 13 of the CHESS Procedure Guidelines for Participants and Section 14 of the ASX Settlement Operating Rules for further information concerning the processing of Takeover Acceptance Messages for a CHESS Holding of securities.  Some of these issues are summarised below.

A Participant must initiate acceptance of an offer by transmission of an EIS type ‘031’ message (Takeover Acceptance) where the securities in question are held in a CHESS Holding. The Participant will receive a ‘032’ message (Effected Takeover Acceptance) from CHESS in response.

In addition to the electronic notification to the Participant, paper notification will be sent directly to the Holder as securities are reserved in an offer-accepted subposition. Any change to the balance of securities in subposition will generate further electronic advice to the Participant and paper advice to the Holder.

Where a Participant receives instructions from a Sponsored Holder, the Participant is required under the ASX Settlement Operating Rules to initiate acceptance of an offer:

if the Holder specifies the time when or by which the offer must be accepted, in accordance with those instructions; otherwise

by End of Day on the date of receipt of instructions from the Holder. Where the offer closes on the date of receipt of instructions then prior to the close of the offer.

Participants should therefore retain, as a minimum, a record of the date on which instructions to accept an offer are received from a Sponsored Holder.

Disclaimer