AuKing Mining Limited Prospectus

2.10 Allotment Subject to the Minimum Subscription of the Public Offer being achieved, the Approval Resolutions being passed, the Conditional Approval being issued by the ASX and satisfaction or waiver of all of the KP Transaction Conditions, the Directors will allot the Offer Shares and Offer Options as soon as possible after the Closing Date of the Public Offer. Application Monies will be held in a subscription account until allotment. This account will be established and kept by the Company in trust for each applicant. Any interest earned on the application moneys will be for the benefit of the Company and will be retained by the Company irrespective of whether allotment takes place. Allocations between the Existing Shareholders and new investors under the Public Offer will be at the sole discretion of the Directors. Further allocations made in respect of Applications under the Public Offer will be at the sole discretion of the Directors subject to the need to meet the ASX Spread Requirement. An application for Shares may be accepted in full, for any lesser number or rejected by the Company. Where the number of Offer Shares allotted is less than the number applied for, the surplus Application Monies will be returned to the Applicant by cheque or direct credit within the time required by the Corporations Act . Interest will not be paid on Application Monies refunded. It is the responsibility of Applicants to confirm the number of Offer Shares and Offer Options allotted to them prior to trading in the Offer Shares and Offer Options. Applicants who seek to deal in Offer Shares and Offer Options before they receive notification of the number of Offer Shares and Offer Options allocated to them, do so at their own risk. 2.11 ASX listing of Offer Shares and Offer Options Application will be made within 7 days of the date of this Prospectus to the ASX for the Offer Securities to be granted Official Quotation by the ASX. The Company is not currently seeking a listing of its securities on any other stock exchange other than the ASX. The fact that the ASX may grant Official Quotation of any of the Offer Securities is not to be taken in any way as an indication of the merits of the Company or of the Offer Securities. Quotation, if granted, of the Offer Securities offered by this Prospectus will commence as soon as practicable after the issue of holding statements to allottees. The ASX takes no responsibility for the contents of this Prospectus. In the event that the ASX does not grant permission for the official quotation of the Offer Securities within 3 months after the date of issue of this Prospectus, none of the Shares offered by this Prospectus will be allotted or issued unless ASIC grants the Company an exemption permitting the allotment or issue. If no allotment or issue is made, all moneys paid on application for the Shares will be refunded without interest within the time period set out under the Corporations Act . 2.12 Restricted Securities The ASX may, as a condition of granting the Company’s application for Official Quotation of the Offer Securities, classify certain securities of the Company as restricted securities. If so, prior to Official Quotation of the Offer Securities, the holders of the securities that are to be classified as restricted securities will be required to enter into appropriate restriction agreements with the Company. (a) Offer Shares and Offer Options T he Company does not anticipate that any of the Offer Shares or Offer Options to be issued pursuant to this Prospectus will be classified as Restricted Securities. (b) Other Shares T he Company anticipates up to that up to 7,711,453 Shares will be classified as Restricted Securities under the Listing Rules. Consequently, the Company must ensure that each holder of Restricted Securities enters into an escrow agreement with the Company as required by ASX to the effect that those persons will not: 1. dispose of, or agree to dispose of; 2. create, or agree to offer to create, any security interest in; and 3. do, or omit to do, any act if the act or omission would have the effect of transferring effective ownership or control of, their respective interests in any Restricted Security for the required period. 2. Details of the Public Offer continued 34