Each one in plain English, with the numbers worked through for a shareholder.
18 Jan 2019other▼ Bad
Bayan filed a notice of appeal on 16 January against the Singapore ruling on White's ability to fund the joint venture. White believes it is a delaying tactic and expects dismissal; the damages tranche waits on the outcome. (Text gives the year as 2018 for both dates, apparently a typo.)
Singapore commercial court ruled on 9 January that White's subsidiary could fund the Tabang joint venture itself until June 2012, answering the question remitted on appeal. A third tranche on causation and damages follows; case management conference after 25 January.
WA Supreme Court finalised orders expanding the freezing order over Bayan's 56% Kangaroo Resources stake. Bayan must now give 20 clear business days' notice before disposing of shares or related-party deals. Resolves the November application; White will seek costs.
AGM addresses: SICC ruling on the remitted funding question expected early 2019, then tranche 3 damages. The rights issue raised about $10.4M and the freezing order terms will soon be set by the Court. Largely repeats known facts.
14 Nov 2018capital raising announcement● NeutralMajor
The entitlement offer closed with 147.7M shares taken up ($10.3M) plus 0.33M additional shares; 180.4M shares ($12.6M) were not taken up. Of the $22.99M maximum, about $10.4M is raised, and directors are weighing placing the shortfall.
WA Supreme Court ruled Bayan's planned takeover of Kangaroo Resources is a material change requiring the freezing order over Bayan's 56% stake to be amended. Terms are to be agreed or argued by 19 November. Continues the 25 September application.
Entitlement offer closing date extended from 6 to 9 November 2018 to give eligible shareholders more time to consider taking part. Results now due 14 November and allotment 16 November.
2017/18 annual report: EBITDA loss of $11.7M versus $9.9M the year before, on lower revenue. The chairman says he will pursue Bayan until damages are recovered, and talks with China's Yankuang continue. Mountainside 51% sale talks continue.
Appendix 4G governance checklist dated 23 October 2018, pointing to the corporate governance statement on the website. Administrative re-lodgement; no new substance.
Offer booklet and personalised forms posted to eligible shareholders; the entitlement offer is now open and closes 5pm Sydney time on 6 November 2018 unless extended. Administrative.
Notice to shareholders outside the eligible countries that they cannot join the $0.07 entitlement offer. Bell Potter will sell their entitlements, with any net proceeds paid to them; no proceeds are guaranteed. Administrative.
Notice to eligible shareholders on how to take up the 1-for-1 $0.07 offer, including applying for additional shares above entitlement, which may be scaled back. New shares rank equally; no shareholder approval is needed. Repeats known terms.
Letter telling option holders that to join the 1-for-1 $0.07 entitlement offer on their underlying shares, they must exercise options before the 11 October 2018 record date. No obligation to exercise. Administrative notice of an already-announced raise.
Formal offer document for the 1-for-1 renounceable entitlement offer at $0.07, closing 6 November 2018. Offered in Australia and New Zealand (plus certain UK institutions) only. Carries no new terms beyond the 8 October announcement (text truncated).
8 Oct 2018capital raising announcement● NeutralMajor
White launches a 1-for-1 renounceable entitlement offer at $0.07 a share to raise up to about $22.99M, a 16.7% discount to the last close. Funds go to the Bayan litigation, repaying the two directors' loans and working capital. Not underwritten; directors intend to take up their entitlements.
The Singapore court set a timetable to decide whether White could fund the Tabang JV alone, the question sent back on appeal: submissions on 29 October and 5 November, with a hearing if needed. If White wins, tranche 3 will assess damages.
Appendix 4G checklist accompanying the corporate governance statement, showing where each ASX governance recommendation is addressed. Administrative; no new substance.
FY2018 accounts show Mountainside now treated as a discontinued operation, with coal sales of $3.9M for the year after mining stopped in April 2018. No dividend. Sale talks for the 51% stake continue with shortlisted parties, and South African ownership options are still being considered.
Duncan's and Flannery's companies provide another $500k each ($1M total) unsecured loan facility on the same terms (0.8% monthly interest, repayable within a year, no conversion). The AGM is set for 9.30am on 23 November 2018 in Brisbane.
Corporate governance statement for FY2018 repeats the same three departures from ASX recommendations: chair not independent, he chairs the nomination committee, and no measurable gender diversity objectives. Administrative disclosure, no new substance.
White's Singapore subsidiary applied to the Western Australian Supreme Court to widen its freezing order over Bayan's 56% stake in Kangaroo Resources, after Bayan agreed to buy out the rest of that company. The aim is to protect a future damages award from Bayan.
Singapore Court of Appeal dismissed substantially all of Bayan's appeal against the tranche 2 ruling, finding Bayan breached its coal supply obligation and repudiated the Tabang JV. One causation question, whether White could fund KSC alone, goes back to the trial court. Resolves the appeal; tranche 3 damages still follow.
Duncan's and Flannery's private companies provide another pair of unsecured loan facilities, up to $500k each ($1M total), for working capital until the Mountainside sale settles. Terms are unchanged: 0.8% monthly interest, repayable within a year, no conversion into shares.
Duncan and Flannery's private companies add a second round of unsecured loan facilities, up to $500k each ($1M total), for working capital until the Mountainside sale settles. Same terms: 0.8% monthly interest, repayable within a year. The company is leaning further on director funding.
Half-year report to December 2017: Mountainside sales were $2.4M, with five shortlisted bidders in negotiation. Bayan's appeal was heard 7 to 8 February 2018 and judgment is reserved.
Chairman Duncan and CEO Flannery, through private companies, each provide an unsecured loan facility of up to $1M ($2M total) for working capital until the Mountainside sale settles. Interest is 0.8% a month, repayable within one year, with no conversion into shares.
Annual report confirms Bayan's appeal of the tranche 2 ruling will be heard in February 2018, delaying the damages decision. Offers for the 51% Mountainside stake are expected in October 2017. Chairman calls the year disappointing after South32 pulled out.
Corporate governance statement says the company followed ASX recommendations except three: the chair is not independent (he is a substantial shareholder), he chairs the nomination committee, and there are no measurable gender diversity objectives. Administrative disclosure.
Appendix 4G checklist accompanying the corporate governance statement, showing where each ASX governance recommendation is addressed. Administrative; no new substance.
Full-year accounts to June 2017 record a $20.9m impairment on the coal technology assets after the South African prospect was lost. Mountainside sales were $5.4m, down sharply after production stopped in September 2016. No dividend paid.