Berkeley Eng Regulatory News (BKY)

4 Oct 2007 09:13

Berkeley Resources Limited04 October 2007 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 asavailable. Information and documents given to ASX become ASX's property and maybe 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 entityBerkeley Resources Limited ABN40 052 468 569 We (the entity) give ASX the following information. Part 1 - All issues You must complete the relevant sections (attach sheets if there is not enoughspace). 1 +Class of +securities issued or to be Ordinary shares issued 2 Number of +securities issued or to be 2,000,000 issued (if known) or maximum number which may be issued 3 Principal terms of the +securities (eg, Fully paid ordinary shares if options, exercise price and expiry date; if partly paid +securities, the amount outstanding and due dates for payment; if +convertible securities, the conversion price and dates for conversion) 4 Do the +securities rank equally in all Yes 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 5 Issue price or consideration 1,000,000 shares at $0.20 cents each 1,000,000 shares at $0.25 cents each Purpose of the issue Exercise of Director Options 6 (If issued as consideration for the acquisition of assets, clearly identify those assets) 7 Dates of entering +securities into 4 October 2007 uncertificated holdings or despatch of certificates Number +Class8 Number and +class of all 103,591,695 Ordinary shares +securities quoted on ASX (including the securities in clause 2 if applicable) Number +Class9 Number and +class of all +securities 10,600,000 Options - $0.70 not quoted on ASX (including the 2,250,000 Incentive Options - $1.00 securities in clause 2 if applicable) 2,970,000 Employee Options - $1.86 10 Dividend policy (in the case of a Not applicable trust, distribution policy) on the increased capital (interests) Part 2 - Bonus issue or pro rata issue 11 Is security holder approval required? Not applicable 12 Is the issue renounceable or Not applicable non-renounceable? 13 Ratio in which the +securities will be Not applicable offered 14 +Class of +securities to which the Not applicable offer relates 15 +Record date to determine entitlements Not applicable 16 Will holdings on different registers Not applicable (or subregisters) be aggregated for calculating entitlements? 17 Policy for deciding entitlements in Not applicable relation to fractions 18 Names of countries in which the entity Not applicable 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 Not applicable or renunciations 20 Names of any underwriters Not applicable 21 Amount of any underwriting fee or Not applicable commission 22 Names of any brokers to the issue Not applicable 23 Fee or commission payable to the Not applicable broker to the issue 24 Amount of any handling fee payable to Not applicable brokers who lodge acceptances or renunciations on behalf of +security holders 25 If the issue is contingent on +security Not applicable holders' approval, the date of the meeting 26 Date entitlement and acceptance form Not applicable and prospectus or Product Disclosure Statement will be sent to persons entitled 27 If the entity has issued options, and Not applicable 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 Not applicable applicable) 29 Date rights trading will end (if Not applicable applicable) 30 How do +security holders sell their Not applicable entitlements in full through a broker? 31 How do +security holders sell part of Not applicable their entitlements through a broker and accept for the balance? 32 How do +security holders dispose of Not applicable their entitlements (except by sale through a broker)? 33 +Despatch date Not applicable Part 3 - Quotation of securities You need only complete this section if you are applying for quotation ofsecurities 34 Type of securities (tick one) (a) X 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 informationor 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 Not applicable +quotation is sought 39 Class of +securities for which Not applicable quotation is sought 40 Do the +securities rank equally in all Not applicable 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 Not applicable Example: In the case of restricted securities, end of restriction period (if issued upon conversion of another security, clearly identify that other security) Number +Class42 Number and +class of all +securities Not applicable quoted on ASX (including the securities in clause 38) Quotation agreement 1 +Quotation of our additional +securities is in ASX's absolutediscretion. 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 andis 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 theirissue will not require disclosure under section 707(3) or section 1012C(6) ofthe Corporations Act. Note: An entity may need to obtain appropriate warranties from subscribers forthe securities in order to be able to give this warranty • Section 724 or section 1016E of the Corporations Act does not applyto any applications received by us in relation to any +securities to be quotedand that no-one has any right to return any +securities to be quoted undersections 737, 738 or 1016F of the Corporations Act at the time that we requestthat the +securities be quoted. • We warrant that if confirmation is required under section 1017F ofthe Corporations Act in relation to the +securities to be quoted, it has beenprovided 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 returnthe +securities to be quoted under section 1019B of the Corporations Act at thetime that we request that the +securities be quoted. 3 We will indemnify ASX to the fullest extent permitted by law inrespect of any claim, action or expense arising from or connected with anybreach of the warranties in this agreement. 4 We give ASX the information and documents required by this form. Ifany information or document not available now, will give it to ASX before+quotation of the +securities begins. We acknowledge that ASX is relying on theinformation and documents. We warrant that they are (will be) true andcomplete. Sign here: Date: 4 October 2007 (Company secretary) Print name: Clint McGhie == == == == == Notice under Section 708A 4 October 2007 Berkeley Resources Limited ("the Company") today issued a total of 2,000,000fully paid ordinary shares on conversion of options over unissued capital. The issued shares are part of a class of securities quoted on Australian StockExchange Limited. The Company gives this notice pursuant to Section 708A(5)(e) of the CorporationsAct. The shares were issued without disclosure to investors under Part 6D.2 of theCorporations Act. The Company, as at the date of this notice, has complied with: (a) the provisions of Chapter 2M of the Corporations Act as they apply tothe Company; and (b) Section 674 of the Corporations Act. There is no excluded information for the purposes of Sections 708A(7) and (8) ofthe Corporations Act. This information is provided by RNS The company news service from the London Stock Exchange