Attached please find a letter and Notice of Option Expiry and Terms to be mailed to optionholders today.
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- Bertram Walker
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1 A.C.N Our Ref: ASXSYD7492DR:AO126:WR Manager Companies Announcements Office Australian Stock Exchange Ltd 10 th Floor, 20 Bond Street SYDNEY NSW 2000 Dear Madam, Options Expiry Notice Attached please find a letter and Notice of Option Expiry and Terms to be mailed to optionholders today. Yours faithfully, DAVID RICH Company Secretary Level 2, 18 Richardson Street West Perth WA 6005 PO Box 690 West Perth WA 6872 Telephone: (08) Facsimile: (08) mail@amityoil.com.au Website: N:\AO126\ASX SYDNEY\Options\ ASXSYD7493DR.doc
2 A.C.N Our Ref: OPTION7486RE:WR Dear Optionholder, You currently hold a number of $1 options which expire on 4 September 2004 (see attached Options Expiry Notice). As at the date of this letter, your options are substantially out of the money (i.e. the market price of Amity shares is less than the exercise price of your options). However, as you may be aware, Amity is currently running a fracturing programme at its 47.9% owned Whicher Range prospect south of Busselton, WA. This programme, if successful in achieving commercial rates of flow, could have an impact on the price of Amity s shares. We expect the results of the Whicher Range frac programme to be known and reported to the market prior to the expiry of your options. Therefore, we also expect the short term impact of the results of the fracturing on Amity's share price to be known prior to the expiry of your options. It is possible that this may result in your options being "in the money". The fracturing programme is expected to take approximately another three weeks. Amity suggests that you pay careful attention to Amity's announcements and Amity's share price during this period, particularly as your options near their expiry date of 4 September For more information on the fracturing programme and other news on Amity, please go to our website at Yours sincerely, R.A. ELLIOTT Chairman Level 2, 18 Richardson Street West Perth WA 6005 PO Box 690 West Perth WA 6872 Telephone: (08) Facsimile: (08) mail@amityoil.com.au Website: N:\001\options\AYOO BONUS ISSUE OPTIONS\ OPTION7486RE.doc
3 This document is valuable. It should not be destroyed. If you do not understand it you should consult your Sharebroker, Bank Manager, or other advisers without delay. ("Company") ACN OPTION EXPIRY NOTICE [Name and Address of Optionholder] Holder No: HIN/SRN No: IPN/SBN No: No of Options Held: Shares to be allotted if exercised in full: Amount payable if exercised in full: Registered Office: Australian Share Registry: Security Transfer Registrars Pty Ltd Level 2, Richardson Street 770 Canning Highway WEST PERTH WA 6005 APPLECROSS WA 6153 Tel: (08) Tel: (08) Fax: (08) Fax: (08) Dear Optionholder, Notice is hereby given that the final date for exercising the Company's listed options is 5.00pm Western Standard Time on Saturday 4 September The exercise price is $1.00 per option. Optionholders will be issued with one new fully paid ordinary share in Amity Oil Limited for each option exercised. Options not exercised by 5.00pm Western Standard Time on 4 September 2004 will automatically expire. Quotation of the options will cease at the close of trading on 27 August To exercise your options and receive ordinary shares in the Company please complete a Notice of Exercise of Options (attached) and forward your payment to Security Transfer Registrars Pty Ltd. Cheques and/or bank drafts in Australian currency only should be made payable to. If you intend to mail your Notice of Exercise of Options, please note that you must do so in time for the Notice, together with your payment, to be received by Security Transfer Registrars Pty Ltd by last mail on Friday, 3 September 2004 as 4 September 2004 is a Saturday NOTICE OF EXPIRY
4 During the three months preceding the date of this Notice, the highest sale price and the lowest sale price of ordinary shares in was $0.75 on 26 July 2004 and $0.58 on 20 May 2004 respectively. The latest available market sale price on the Australian Stock Exchange Limited before the date of this Notice was $0.71 on 28 July While the options are presently out of the money (ie the market price of ordinary shares in is less than the exercise price), the Company is currently undertaking some operations which, if successful, may have an impact on the share price prior to the expiry date. These operations are outlined further in the covering letter from the Company. If you wish to clarify any taxation consequences relating to the Exercise of Options, please consult your solicitor, accountant or professional adviser. A Notice of Exercise is attached for your use. If you have any other questions regarding the options or the exercise thereof, please contact the company Secretary, Mr David Rich on (08) or Security Transfer Registrars Pty Ltd on (08) Yours faithfully David Rich Company Secretary KEEP THIS NOTICE FOR YOUR RECORDS N:\001\options\AYOO BONUS ISSUE OPTIONS\ Notice of expiry.doc 2
5 a) A holding statement will be issued for the Options. A.B.N (AYOO) Terms and Conditions of Options Expiring 4 September 2004 b) The Options will expire at 5pm on 4 September 2004 ("Expiry Date"). c) The Option is a right in favour of the option holder to subscribe for one Share. d) The Option holder may exercise Options any time prior to the Expiry Date. e) Shares allotted to option holders on exercise of Options will be issued at $1.00 each ("Exercise Price"). f) The Exercise Price of Shares the subject of the Options will be payable in full on exercise of the Options. g) Options will be exercisable by the delivery to the registered office of the Company or the Share Registry of a notice in writing stating the intention of the Option holder to: exercise all or a specified number of Options; and pay the subscription monies in full for the exercise of each Option ("Notice"). The Notice must be accompanied by a holding statement and a cheque made payable to the Company for the subscription monies for the Shares. An exercise of only some Options will not affect the rights of the Option holder to the balance of the Options held by the Option holder. The Notice must be received by the Company prior to the Expiry Date. h) The Company will allot the resultant Shares and deliver the holding statement within fifteen business days of the receipt of the Notice. i) The Company will apply for official quotation on ASX of the Options, subject to the requirements for quotation being satisfied. j) The Options will be freely transferable. k) Shares allotted pursuant to an exercise of Options will rank, from the date of allotment, equally with existing ordinary fully paid shares of the Company in all respects. l) The Company will, in accordance with the Listing Rules, make application to have Shares allotted pursuant to an exercise of Options listed for official quotation. m) In the event of any reconstruction (including consolidation, subdivision, reduction or return) of the authorised or issued capital of the Company, the number of the Options or the exercise price of the Options or both will be reconstructed (as appropriate) in accordance with the Listing Rules. n) The Options will not give any right to participate in dividends, bonus issues or new issues until Shares are allotted pursuant to the exercise of the relevant Options. There is no right to change the exercise price of Options if the Company completes a bonus or new issue NOTICE OF EXERCISE OF OPTIONS Shareholder Number: The Directors Share Registry Security Transfer Registrars Pty Ltd PO Box 535 Applecross WA 6953 Phone: Facsimile: registrar@securitytransfer.com.au I/We Of the registered holder(s) of the options, hereby exercise my/our options to apply for the below amount of ordinary shares, Number in Words Number in Figures I/We enclose application monies payable of $1.00 per option $ And authorise you to register me/us as the holder of the shares to be allotted to me/us and I/we agree to accept such shares subject to the Rules of the Constitution of the Company. Individual or Securityholder 1 Securityholder 2 Securityholder 3 Director Director/Secretary Sole Director or Sole Secretary DATED: DAY MONTH YEAR This application, with application money in Australian Currency, should be lodged at the Company s Share Registry on or before the Expiry Date. NOTE: Cheque should be made payable to and forwarded to Security Transfer Registrars.
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