ASX Appendix 3B Share Placement
May 08 2007 - 3:02AM
UK Regulatory
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 1/7/96. Origin: Appendix 5. Amended 1/7/98, 1/9/99, 1/7/2000, 30/9/
2001, 11/3/2002, 1/1/2003
Name of entity KIMBERLEY DIAMOND COMPANY NL
ABN 91 061 899 634
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 Ordinary shares
to be issued
Unlisted options
2 Number of +securities issued or 20,558,500 shares
to be issued (if known) or
maximum number which may be 1,000,000 unlisted options
issued
3 Principal terms of the Shares rank pari passu with
+securities (eg, if options, existing ordinary fully paid
exercise price and expiry date; shares.
if partly paid +securities, the
amount outstanding and due dates Unlisted options exercisable at 80
for payment; if +convertible cents per share expiring three
securities, the conversion price years from date of issue.
and dates for conversion).
4 Do the +securities rank equally Shares, yes.
in all respects from the date of
allotment with an existing Unlisted Options, on exercise to
+class of quoted +securities? ordinary fully paid shares.
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 Shares - 70 cents per share
Unlisted Options - nil
6 Purpose of the issue To fund the Company's project banking
facility repayments, environmental bonding
(If issued as consideration at the E9 East Plant, remedial works to
for the acquisition of the E9 East Plant and working capital.
assets, clearly identify
those assets)
7 Dates of entering +securities Shares - 3-4 May 2007
into uncertificated holdings
or despatch of certificates Unlisted Options - to be advised
Number +Class
8 Number and +class of all 428,062,249 Ordinary (KIM)
+securities quoted on ASX
(including the securities in
clause 2 if applicable)
Number +Class
9 Number and +class of all 2,753,000 Options expiring 30/06/07
+securities not quoted on ASX exercisable at $1.60
(including the securities in 1,100,000 (KIMAM).
clause 2 if applicable)
1,000,000 Options expiring 24/8/08
exercisable at $0.45
1,000,000 (KIMAK).
2,250,000 Options expiring 14/01/08
exercisable at $1.20.
5,000,000
Options expiring 15/04/08
2,400,000 exercisable at $1.20.
3,000,000 Options expiring 23/11/
2010 exercisable at $1.40
1,000,000
Options expiring 22/05/
2009 exercisable at $1.80
Options expiring 12/07/
2009 exercisable at $1.75
Options expiring 28/07/
2009 exercisable at $1.70
Options exercisable at
$0.80 expiration date to
be advised.
10 Dividend policy (in the case The Company does not have a dividend
of a trust, distribution policy.
policy) on the increased
capital (interests)
Part 2 - Bonus issue or pro rata issue
11 Is security holder approval
required?
12 Is the issue renounceable or
non-renounceable?
13 Ratio in which the
+securities will be offered
14 +Class of +securities to
which the offer relates
15 +Record date to determine
entitlements
16 Will holdings on different
registers (or subregisters)
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 issue documents
Note: Security holders must
be told how their
entitlements are to be dealt
with.
Cross reference: rule 7.7.
19 Closing date for receipt of
acceptances or renunciations
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
prospectus or Product
Disclosure Statement 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 +Despatch date
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
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 date of allotment
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)
42 Number and +class of all
+securities quoted on ASX
(including the securities
in clause 38)
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.
* We warrant that if confirmation is required under section 1017F of the
Corporations Act in relation to the +securities to be quoted, it has been
provided 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 not available now, 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.
Date: 7 May 2007
(company secretary)
Print name: Jean Mathie
== == == == ==
Appendix 3B
New issue announcement
+ See chapter 19 for defined terms.
+ See chapter 19 for defined terms.
+ See chapter 19 for defined terms.
END
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