Summary of rights and liabilities attaching to DMX Corporation shares:
The following is a summary of the rights and liabilities attaching to DMX Shares under the Constitution. This summary is not intended to be exhaustive. A full copy of the Constitution is available for inspection free of charge at DMX Corporation’s registered office. The rights and liabilities attaching to the DMX Shares may also be regulated by the Corporations Act, Listing Rules, ASTC Settlement Rules and the common law in certain circumstances.
(a) Share capital
Subject to the Constitution, Corporations Act and Listing Rules, the directors of DMX Corporation may issue, or grant options in respect of, shares in DMX Corporation (including DMX Shares) on such terms as the directors think fit. DMX Corporation may issue preference shares, including preference shares that are liable to be redeemed.
(b) Voting rights
At a general meeting of DMX Corporation, every DMX Shareholder present in person, by an attorney, representative or proxy has 1 vote on a show of hands and 1 vote on a poll for each fully-paid DMX Share that that DMX Shareholder holds. A partly paid share in the issued capital of DMX Corporation will entitle its holder to, on a poll, a fraction of a vote equal to the proportion that the total amount paid, or credited as paid on that share bears to the total amount paid, credit and payable on that share.
Where, in respect of a resolution, there is an equality of votes, the Chairperson of the meeting will have the casting vote.
(c) Dividend rights
Subject to the Corporations Act, the directors of DMX Corporation may resolve to pay interim and final dividends on the DMX Shares as the financial position of DMX Corporation justifies.
Dividends in respect of any partly-paid share issued in the capital of DMX Corporation will be paid proportionately to the amount(s) paid (not credited) on that share.
(d) Rights on winding-up
If DMX Corporation is wound up:
Any surplus assets of DMX Corporation will, subject to the Constitution and any rights or restrictions attached to any shares issued by DMX Corporation, be divided among the shareholders of DMX Corporation in proportion to the number of shares held by them in DMX Corporation (reduced by any amount unpaid on those shares); and the liquidator may, with the authority of a special resolution, divide the property of DMX Corporation amongst its shareholders in kind and determine how the division is to be carried out as between the shareholders or different classes of shareholders.
(e) Transfer of shares
Shares in DMX Corporation may be transferred freely, subject to the requirements of the Constitution, the Corporations Act.
Whilst the shares are quoted on the ASX, and even whilst suspended, the directors of DMX Corporation, however, may refuse to register a transfer of DMX Shares where the transfer would result in a breach of the Listing Rules or where otherwise permitted or required under the Listing Rules.
Upon Delisting, the directors of DMX Corporation will not be able to refuse to register a transfer of DMX Shares where the transfer would result in a breach of the Listing Rules or where otherwise permitted or required under the Listing Rules, as the Listing Rules will no longer apply to DMX Corporation.
(f) Variation of rights attaching to shares
The rights attaching to any class of shares in DMX Corporation may only be varied or cancelled by a special resolution passed at a separate meeting of the holders of the shares of that class, or, with the written consent of the holders of 75% of the shares of that class.
(g) General meeting
Each shareholder, director and the auditor of DMX Corporation is entitled to receive notice of, and to attend, general meetings of DMX Corporation.
The following is a summary of the rights and liabilities attaching to DMX Shares under the Constitution. This summary is not intended to be exhaustive. A full copy of the Constitution is available for inspection free of charge at DMX Corporation’s registered office. The rights and liabilities attaching to the DMX Shares may also be regulated by the Corporations Act, Listing Rules, ASTC Settlement Rules and the common law in certain circumstances.
(a) Share capital
Subject to the Constitution, Corporations Act and Listing Rules, the directors of DMX Corporation may issue, or grant options in respect of, shares in DMX Corporation (including DMX Shares) on such terms as the directors think fit. DMX Corporation may issue preference shares, including preference shares that are liable to be redeemed.
(b) Voting rights
At a general meeting of DMX Corporation, every DMX Shareholder present in person, by an attorney, representative or proxy has 1 vote on a show of hands and 1 vote on a poll for each fully-paid DMX Share that that DMX Shareholder holds. A partly paid share in the issued capital of DMX Corporation will entitle its holder to, on a poll, a fraction of a vote equal to the proportion that the total amount paid, or credited as paid on that share bears to the total amount paid, credit and payable on that share.
Where, in respect of a resolution, there is an equality of votes, the Chairperson of the meeting will have the casting vote.
(c) Dividend rights
Subject to the Corporations Act, the directors of DMX Corporation may resolve to pay interim and final dividends on the DMX Shares as the financial position of DMX Corporation justifies.
Dividends in respect of any partly-paid share issued in the capital of DMX Corporation will be paid proportionately to the amount(s) paid (not credited) on that share.
(d) Rights on winding-up
If DMX Corporation is wound up:
Any surplus assets of DMX Corporation will, subject to the Constitution and any rights or restrictions attached to any shares issued by DMX Corporation, be divided among the shareholders of DMX Corporation in proportion to the number of shares held by them in DMX Corporation (reduced by any amount unpaid on those shares); and the liquidator may, with the authority of a special resolution, divide the property of DMX Corporation amongst its shareholders in kind and determine how the division is to be carried out as between the shareholders or different classes of shareholders.
(e) Transfer of shares
Shares in DMX Corporation may be transferred freely, subject to the requirements of the Constitution, the Corporations Act.
Whilst the shares are quoted on the ASX, and even whilst suspended, the directors of DMX Corporation, however, may refuse to register a transfer of DMX Shares where the transfer would result in a breach of the Listing Rules or where otherwise permitted or required under the Listing Rules.
Upon Delisting, the directors of DMX Corporation will not be able to refuse to register a transfer of DMX Shares where the transfer would result in a breach of the Listing Rules or where otherwise permitted or required under the Listing Rules, as the Listing Rules will no longer apply to DMX Corporation.
(f) Variation of rights attaching to shares
The rights attaching to any class of shares in DMX Corporation may only be varied or cancelled by a special resolution passed at a separate meeting of the holders of the shares of that class, or, with the written consent of the holders of 75% of the shares of that class.
(g) General meeting
Each shareholder, director and the auditor of DMX Corporation is entitled to receive notice of, and to attend, general meetings of DMX Corporation.