Notice of Initial Substantial Holder
Released
Released
Announcement PDF
Form 603
Corporations Act 2001
Section 671B
Notice of initial substantial holder
To
Name/Scheme
Company
ACN/ARSN
1.
EQ Resources Limited (EQR)
115 009 106
Details of substantial holder (1)
Name
OCM Luxembourg Tungsten Holdings S.á r.l (OCM) and each persons listed in
Annexure A (being each an entity that is either the ultimate controller of OCM or is an
entity which is interposed on a control basis between OCM and that ultimate controller,
with such entity being an Oaktree Substantial Holder)
ACN (if applicable)
The holder became a substantial holder
on
2.
18 January 2024
Details of voting power
The total number of votes attached to all the voting shares in the company or voting interests in the scheme that the
substantial holder or an associate (2) had a relevant interest (3) in on the date the substantial holder became a
substantial holder are as follows:
Class of securities(4)
Ordinary shares
3.
Number of securities
278,000,000
Persons' votes(5)
278,000,000
Voting power (6)
15.0043%
Details of relevant interests
The nature of the relevant interest the substantial holder or an associate had in the following voting securities on the date
the substantial holder became a substantial holder are as follows:
Holder of relevant
interest
4.
Nature of relevant interest (7)
Class and number of
securities
OCM
Relevant interest held under section 608(1)(a) of the
Corporations Act 2001 (Cth) (Corporations Act) as
OCM is the registered holder of ordinary shares.
278,000,000 ordinary shares
Each Oaktree Substantial
Holder
Each person listed in Annexure A is taken to have the
same relevant interest in EQR as OCM's relevant
interest by virtue of section 608(3) of the Corporations
Act.
278,000,000 ordinary shares
Details of present registered holders
The persons registered as holders of the securities referred to in paragraph 3 above are as follows:
Holder of relevant
interest
Registered holder of
securities
Person entitled to be
registered as holder (8)
Class and number of
securities
OCM and each Oaktree
Substantial Holder
OCM
OCM
278,000,000 ordinary
shares
5.
Consideration
The consideration paid for each relevant interest referred to in paragraph 3 above, and acquired in the 4 months prior to
the day that the substantial holder became a substantial holder is as follows:
Holder of relevant interest
Date of acquisition
OCM and each Oaktree Substantial
Holder
6.
18 January 2024
Consideration (9)
Cash
Non-cash
A$25,020,000
N/A
Class and number
of securities
278,000,000
ordinary shares
Associates
The reasons the persons named in paragraph 3 above are associates of the substantial holder are as follows:
7.
Name and ACN/ARSN (if applicable)
Nature of association
OCM and each Oaktree Substantial
Holder
The entities are all associates of each other by virtue of 12(2)(a) of the
Corporations Act.
Addresses
The addresses of persons named in this form are as follows:
Name
Address
OCM
333 South Grand Avenue, 28th Foor, Los Angeles, California 90071,
United States of America
See Annexure A
See Annexure A
Signature
print name
sign here
Martin Eckel
Hugo Neuman
capacity
date
Managers
18/01 / 2024
Directions
1.
If there are a number of substantial holders with similar or related relevant interests (eg. a corporation and its related corporations, or the
manager and trustee of an equity trust), the names could be included in an annexure to the form. If the relevant interests of a group of persons
are essentially similar, they may be referred to throughout the form as a specifically named group if the membership of each group, with the
names and addresses of members is clearly set out in paragraph 7 of the form.
2.
See the definition of "associate" in section 9 of the Corporations Act 2001.
3.
See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001.
4.
The voting shares of a company constitute one class unless divided into separate classes.
5.
The total number of votes attached to all the voting shares in the company or voting interests in the scheme (if any) that the person or an
associate has a relevant interest in.
6.
The person's votes divided by the total votes in the body corporate or scheme multiplied by 100.
7.
Include details of:
(a)
any relevant agreement or other circumstances by which the relevant interest was acquired. If subsection 671B(4) applies, a copy of
any document setting out the terms of any relevant agreement, and statement by the person giving full and accurate details of any
contract, scheme or arrangement, must accompany this form, together with a written statement certifying this contract, scheme or
arrangement; and
(b)
any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers or
disposal of the securities to which the relevant interest relates (indicating clearly the particular securities to which the qualification
applies).
See the definition of "relevant agreement" in section 9 of the Corporations Act 2001.
8.
If the substantial holder is unable to determine the identity of the person (eg. if the relevant interest arises because of an option) write
"unknown".
9.
Details of the consideration must include any and all benefit, money and other, that any person from whom a relevant interest was acquired
has, or may, become entitled to receive in relation to that acquisition. Details must be included even if the benefit is conditional on the
happening or not of a contingency. Details must be included of any benefit paid on behalf of the substantial holder or its associate in
relation to the acquisitions, even if they are not paid directly to the person from whom the relevant interest was acquired.
Annexure A Oaktree Substantial Holders
This is Annexure A of 1 page referred to in the Form 603 (Notice of initial substantial holder)
Signature
print name
Martin Eckel
sign here
Name
OCM Luxembourg EPF III S.á r.l.
Oaktree European Principal Fund III Ltd.
Oaktree European Principal Fund III, L.P.
Oaktree Capital Management, L.P.
Oaktree Capital Management GP LLC
Atlas OCM Holdings LLC
Oaktree Capital Group Holdings, L.P.
Oaktree Capital Group Holdings GP, LLC
Hugo Neuman
capacity
date
Managers
18 / 01 / 2024
Address
26A, boulevard Royal L-2449 Luxembourg
Walkers Corporate Limited, Cayman Corporate Centre
27 Hospital Road, George Town, Grand Cayman KY19008, Cayman Islands
333 South Grand Avenue, 28th Foor, Los Angeles,
California 90071, United States of America
333 South Grand Avenue, 28th Foor, Los Angeles,
California 90071, United States of America
333 South Grand Avenue, 28th Foor, Los Angeles,
California 90071, United States of America
333 South Grand Avenue, 28th Foor, Los Angeles,
California 90071, United States of America
333 South Grand Avenue, 28th Foor, Los Angeles,
California 90071, United States of America
333 South Grand Avenue, 28th Foor, Los Angeles,
California 90071, United States of America
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