Investor Presentaiton
Key risks
Underwriting Agreement termination events cont.
(q) (Market fall) Either the S&P/ASX SMALL ORDINARIES or ASX 300 Index published by ASX closes more than 10% below its level as at the close of trading on the Business Day before the date of
this Agreement.
(r)
(s)
(t)
(n)
(v)
(withdrawal of consent): any person (other than the Underwriter) who has previously consented to the inclusion of their name or any statement in the Information Documents withdraws that
consent.
(offer of refund to investors) any circumstance arises that results in the Company either repaying the money received from persons who have applied for Offer Shares or offering persons who
have applied for Offer Shares an opportunity to withdraw their application for Offer Shares and be repaid their application money.
(Information Documents) Any:
(i)
statement in an Information Document is or becomes false, misleading or deceptive in any material respect or likely to mislead or deceive;
(ii) Information Document does not contain all information required to comply with all applicable laws; or
(iii) Information Document is withdrawn.
(Defective Cleansing Notice) The Cleansing Notice is defective (as that term is defined in section 708AA(11) of the Corporations Act).
(Supplemental Notice) The Company fails to lodge a Supplemental Notice, where it is required to do so.
Sub-Underwriting
The Underwriter has entered into a sub-underwriting agreement with an entity associated with Director, Kent Swick (Sub-Underwriter).
If for any reason the Underwriter terminates its obligations under the Underwriting Agreement or the Company does not pay the Underwriter the fees in accordance with the Underwriting
Agreement, the Sub-Underwriter's obligations will terminate immediately. The obligation of the Sub-Underwriter to sub-underwrite the Entitlement Offer on the basis described above is not subject
to any other events of termination.
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