Offer for Musgrave Now Open and Completion of Despatch
Released
Released
Announcement PDF
ASX ANNOUNCEMENT
23 JUNE 2023
OFFER FOR MUSGRAVE NOW OPEN AND COMPLETION OF DESPATCH OF
BIDDER’S STATEMENT
Westgold Resources Limited (ASX: WGX - Westgold or the Company) has today completed the despatch of the
Bidder’s Statement dated 9 June 2023 (Bidder’s Statement), which contains the offer dated 23 June 2023, to
acquire all of the fully paid ordinary shares in Musgrave Minerals Limited (ASX:MGV – Musgrave) (Offer).
The current timetable for the offer is as follows:
EVENT
TIMING*
Date of the Offer (Offer opens)
23 June 2023
Date for notice on the status of Offer conditions
14 July 2023
Offer closes (unless extended or withdrawn)
5:00pm (Perth time) on 24 July 2023
* These dates may vary as permitted under the Corporations Act. Any changes to the above timetable will be notified on Westgold’s website at
www.westgold.com.au
Attached, by way of lodgement pursuant to item 8 of section 633(1) of the Corporations Act 2001 (Cth)
(Corporations Act), is a notice confirming that the Company has completed its despatch of the Bidder’s Statement
(which contains the Offer), together with a covering letter and acceptance form to all persons registered as
holders of ordinary shares issued in the capital of Musgrave (Musgrave Shares) and securities that are convertible
into Musgrave Shares in the register of Musgrave securityholders as at 5:00pm (Perth time) on Sunday, 11 June
2023 (being the date set in accordance with section 633(2) of the Corporations Act).
Instructions on how to accept the Offer are contained in the Bidder’s Statement and on the acceptance form
(which accompanies the Bidder’s Statement). Acceptances must be received by no later than 5:00pm (Perth
time) on 24 July 2023, unless the Offer is extended or withdrawn.
THIS ANNOUNCEMENT IS AUTHORISED FOR RELEASE TO THE ASX BY THE BOARD.
MEDIA AND INVESTOR RELATIONS ENQUIRIES
INVESTOR RELATIONS
Kasun Liyanaarachchi| Investor Relations Manager
Investor.Relations@westgold.com.au
+61 458 564 483
Westgold Resources Limited (ASX: WGX)
ACN 009 260 306
Level 6, 200 St Georges Terrace, Perth WA 6000
MEDIA
Peter Knight | Communications Advisor
Peter.Knight@westgold.com.au
+61 459 980 481
+61 8 9462 3400
perth.reception@westgold.com.au
www.westgold.com.au
Statutory Notice
Westgold Resources Limited
ACN 009 260 306
Notice under section 633(1) item 8 of the Corporations Act 2001 (Cth)
Completion of sending bidder’s statement to securityholders
To:
ASX Limited
For the purposes of item 8 of section 633(1) of the Corporations Act 2001 (Cth) (Corporations Act),
Westgold Resources Limited ACN 009 260 306 (Westgold) gives notice that it has today completed
sending its bidder’s statement dated 9 June 2023 in respect of its offer to acquire all of the fully paid
ordinary shares in Musgrave Minerals Limited ACN 143 890 671 (Musgrave) that Westgold does not
already own (Offer) to all persons registered as holders of shares of Musgrave and securities that are
convertible into ordinary shares of Musgrave in the register of Musgrave securityholders as at 5.00pm
(Perth time) on Sunday, 11 June 2023 (being the date set by Westgold under section 633(2) of the
Corporations Act).
In accordance with section 633(6) of the Corporations Act, all additional information that was included
together with Westgold’s bidder’s statement (which contains the Offer) is attached to this notice.
This notice is dated 23 June 2023.
Signed for and on behalf of Westgold by:
……………………..…………
Wayne Bramwell
Managing Director
Dear Musgrave Shareholder,
On behalf of the Board and management of Westgold Resources Limited (ASX:WGX) (Westgold), I am
pleased to provide important information in relation to our all-scrip, off-market takeover offer (the Offer)
for your shares in Musgrave.
Offer open and acceptances are being received
Westgold is offering 1 Westgold share for every 5.37 of your Musgrave shares and the opportunity to
become a shareholder in an established, well-funded and experienced Australian gold producer.
Our Bidder’s Statement has been mailed to Musgrave shareholders to review and consider. The Offer is
now open for your acceptance by contacting your CHESS controlling participant (usually your stockbroker)
or by returning the acceptance form you have received with the Bidder’s Statement.
We encourage you to consider the value proposition and accept the Offer for the reasons outlined in the
Bidder’s Statement and highlighted below.
The Offer represents a highly attractive premium to recent share price
As at 2 June 2023 (being the last undisturbed trading day), the Offer valued Musgrave at $0.30 per share
and provided a significant premium of 30.5% to Musgrave’s 5-day volume weighted average price (VWAP)
of $0.229 and 33.0% to Musgrave’s 30-day VWAP of $0.225 per share.
Strong strategic rationale based on regional consolidation
Westgold’s Tuckabianna and Bluebird processing facilities are located approximately 40km and 120km
north from Musgrave’s Cue gold project respectively. These established processing facilities, with their
proximity to Musgrave’s Cue gold project creates an opportunity for numerous synergies to be realised.
Consolidating these assets will:
•
Provide a rapid, lower risk and capital efficient means for Musgrave shareholders seeing the Cue
Gold Project developed.
•
Materially reduce the capital burden, timing and complexity associated with Musgrave seeking to
independently approve, finance, construct, equip, resource and operate a standalone processing hub
within close proximity to two existing, fully operational processing hubs.
•
Remove pre-production capital costs of $121 million which Musgrave shareholders would need to
fund if you chose to develop your assets independently. These savings can be applied to value-adding
activities such as mine development and regional exploration drilling if consolidated with Westgold
assets.
•
Expedite the benefits and increases the certainty of employment, commercial opportunities and
royalties that will flow to local communities.
•
Improve the ESG metrics of the Cue Gold project due to it having a smaller development footprint
with reduced environmental impact if it utilises existing Westgold regional infrastructure.
You will become a shareholder in a well-funded and established gold producer, while retaining exposure
to the development of Musgrave’s assets
In addition to a premium valuation and the benefits expected from the regional consolidation, you will
become a shareholder in the financially stronger, well-funded and larger Westgold business.
Westgold Resources Limited
Level 6, 200 St Georges Terrace Perth WA 6000
PO Box 7068, Cloisters Square WA 6850
ABN 60 009 260 306
T: +61 8 9462 3400 | E: reception@westgold.com.au
W: www.westgold.com.au
916CR_0_Sample_CA/000001/000003/i
300227_01_V1
*M000001Q03*
23 June 2023
23 June 2023
The combination of Westgold and Musgrave is strategic as it creates a company with enhanced scale,
market relevance and excellent trading liquidity with the potential to gain inclusion in the ASX All Ordinaries
indices.
By accepting the Offer, you will continue to have exposure to the future upside associated with the
Musgrave’s assets whilst becoming part of a larger, established miner and financially stronger Western
Australian gold producer.
The Offer significantly reduces the capital burden, financing, construction, project development and
operating risks
Musgrave’s 2023 pre-feasibility study estimated pre-production capital costs of $121 million for open pit
pre-stripping, construction of a 500ktpa processing facility, tailings storage facility, camp facilities, other
infrastructure and contingencies associated with the planned standalone development of the Cue Gold
Project.
Significant additional drilling and technical work will be required to be funded by Musgrave shareholders to
convert the existing Mineral Resources into Ore Reserves so as to be able to support a potential future
project financing and decision to mine on a standalone basis.
The combination of Westgold and Musgrave immediately fast tracks the development and removes the
$121 million pre-production capital hurdle associated with Musgrave’s plan to construct a standalone
500ktpa processing facility.
Musgrave’s share price may drop to pre-Offer levels or below with a reduced level of trading liquidity
If the Offer is not successful and no higher bid for Musgrave emerges, the Musgrave Share price is likely to
fall below the implied Offer value and may experience reduced liquidity.
How to Accept
You can now easily accept the Offer by either:
•
Completing the personalised acceptance form that was included with the Bidder’s Statement returning it in the envelope that was enclosed with the Bidder’s Statement or to the address on the
acceptance form; or
•
contact your CHESS controlling participant (usually your stockbroker) - instructing them to accept the
Offer on your behalf.
If you have any questions in relation to the Offer, please contact the Offer Information Line on 1300 918 437
(if in Australia) or +61 3 9415 4393 (if outside Australia) between 8:30am and 5:00pm (AEST), Monday to
Friday.
We believe there is strong strategic rationale in combining our assets at a time when the gold price is at a
near all time high and that the combination of Westgold and Musgrave will create a company with
enhanced scale, excellent trading liquidity and market relevance.
Westgold appreciates your consideration of our Offer. We look forward to receiving your acceptance and
welcoming you as a fellow Westgold shareholder as we continue to build value for all our shareholders as
the dominant Australian gold producer in the Murchison region.
Hon. Cheryl Edwardes AM
Non-Executive Chair
Westgold Resources Limited
Page | 2
300227_01_V1
Yours sincerely
This document contains important information and requires your immediate attention. If you are in any
doubt as to how to deal with this document, you should consult your legal, financial or other
professional adviser immediately.
Bidder’s Statement
Accept the Offer
by
Westgold Resources Limited ACN 009 260 306
to purchase all of your ordinary shares in
Musgrave Minerals Limited ACN 143 890 671
for 1 Westgold Share for every 5.37 of Your Musgrave Shares
If you have any questions about the Offer or this document or about how to accept the Offer, please
call Westgold Offer Information Line on +1300 918 437 (local call cost for callers within Australia).
The Offer will close at 5.00pm (Perth time) on 24 July 2023, unless extended or withdrawn.
Table of contents
1.
Summary of the Offer .................................................................................................................13
2.
Information on Westgold ............................................................................................................17
3.
Information on Westgold’s securities .........................................................................................30
4.
Information on Musgrave ...........................................................................................................36
5.
Information on Musgrave securities ...........................................................................................42
6.
Intentions of Westgold ................................................................................................................45
7.
Information on the Combined Group ..........................................................................................51
8.
Offer Consideration ....................................................................................................................59
9.
Risk factors .................................................................................................................................60
10.
Tax considerations .....................................................................................................................71
11.
Additional Information ................................................................................................................76
12.
Definitions and interpretations....................................................................................................81
13.
Approval of Bidder’s Statement..................................................................................................92
Schedule 1 Terms and Conditions of the Offer
93
Company directory
107
Attachment A - Westgold ASX Announcements
108
Important dates
Bidder’s Statement lodged with ASIC and ASX
9 June 2023
Date of Offer (Offer opens)
23 June 2023
Date for notice on the status of Conditions
14 July 2023
Offer closes (unless extended or withdrawn)
5.00pm (Perth time) on 24 July 2023
These dates may vary as permitted under the Corporations Act. Any changes to the above timetable will be
notified on Westgold’s website at www.westgold.com.au.
Key contacts
Share Registry
Offer Information Line*
Computershare Investor Services Pty Limited
Level 11, 172 St Georges Terrace
Perth WA 6000
Telephone: 1300 850 505
1300 918 437 (from within Australia) or +61 3 9415
4393 (from outside Australia) between 8.30am and
5pm (AEST), Monday to Friday.
*Calls to these numbers may be recorded
How to accept the offer
Acceptances must be received before the end of the Offer Period (subject to the terms of the Offer).
For Issuer Sponsored Holdings of Shares (Securityholder Reference Number beginning with 'I')
To accept the Offer, complete the enclosed Acceptance Form in accordance with the instructions on it
and return it in the enclosed envelope or to the address on the Acceptance Form.
For CHESS Holdings of Shares (Holder Identification Number beginning with 'X')
To accept the Offer, either contact your Controlling Participant (usually your broker) and instruct them
to accept the Offer on your behalf or complete the enclosed Acceptance Form in accordance with the
instructions on it and return it in the enclosed envelope or to the address on the Acceptance Form.
1
Important notices
Bidder’s Statement relating to an offer from
Westgold Resources Limited (ACN 009 260 306),
to acquire all of the ordinary shares in Musgrave
Minerals Limited (ACN 143 890 671).
This document is the Bidder’s Statement given by
the bidder under Part 6.5 of Chapter 6 of the
Corporations Act and in compliance with the
requirements of sections 636 and 637 of the
Corporations Act, in relation to the Offer contained in
Schedule 1 of this Bidder’s Statement.
This document contains the formal terms of the Offer
by Westgold and other information relevant to your
decision whether to accept the Offer.
Australian Securities and Investments
Commission
A copy of this Bidder’s Statement was lodged with
the Australian Securities and Investments
Commission on 9 June 2023. Neither ASIC nor any
of its officers takes any responsibility for the content
of this Bidder’s Statement.
Date of the Offer
This Bidder’s Statement is dated 9 June 2023. It
includes an Offer dated 23 June 2023 in paragraph
1.7 of Schedule 1 of this document.
Investment decisions
This Bidder's Statement does not constitute financial
product advice or investment advice (nor tax,
accounting or legal advice) and has been prepared
without reference to your individual investment
objectives, financial situation or other circumstances.
Any acceptance of the Offer will be subject to
investment and other known and unknown risks,
some of which are beyond the control of Westgold.
These risks, together with other general risks
applicable to all investments in listed securities not
specifically referred to, may affect the value of shares
in Westgold and Musgrave in the future. When
making any investment decision, investors should
make their own enquires and investigations
regarding all information in this Bidder's Statement,
including but not limited to the assumptions,
uncertainties and contingencies which may affect
future operations of Westgold and Musgrave, and the
impact that different future outcomes may have on
Westgold and Musgrave. Further information in
relation to these risks and uncertainties, including the
key risks of the Offer are summarised in Section 9.
This Bidder's Statement should not be relied upon as
the sole basis for any decision as to whether or not
to accept the Offer and Westgold recommends that
you seek independent financial, legal, taxation and
other professional advice before making any such
investment decision.
Privacy
Westgold has obtained your information from the
Musgrave Register for the purpose of making the
Offer and, if accepted, administering holdings of
Westgold Shares. The Corporations Act requires the
names and addresses of Westgold Shareholders to
be held in a public register. Your information may be
disclosed to Westgold’s related bodies corporate and
external service providers. It may also be required to
be disclosed to regulators such as ASIC. The
registered address of Westgold is Level 6, 200 St
Georges Terrace, Perth, Western Australia, 6000.
Defined terms and interpretation
Unless otherwise noted, terms used in this Bidder’s
Statement and Offer are defined in Section 12.1
below. That Section also sets out certain rules of
interpretation that apply to this Bidder’s Statement.
Notice to persons outside Australia
It is your sole responsibility to satisfy yourself that
you are permitted by any foreign law applicable to
you to accept the Offer. You should note that the
Offer has been conducted in accordance with the
laws enforced in Australia and the ASX Listing Rules.
The disclosure requirements in relation to the Offer
applicable in Australia may differ from those applying
in your jurisdiction. Foreign shareholders may have
difficulties in enforcing their rights and any claims
they may have arising under the laws of their
jurisdiction. It may also be difficult to compel the
bidder to subject itself to a foreign court’s judgment.
This Bidder’s Statement does not constitute an offer
to sell, nor the solicitation of an offer to buy, any
Musgrave Shares in any jurisdiction other than
Australia and its external territories and New
Zealand, unless Westgold determines to the
contrary.
The distribution of this Bidder’s Statement in
jurisdictions outside Australia and its external
territories and New Zealand may be restricted by law
or regulation. Accordingly, persons who come into
possession of it should seek advice on and observe
any such restrictions. Any failure to comply with
such restrictions may constitute a violation of
applicable securities laws.
No action has been taken to register this Bidder’s
Statement or qualify Westgold or to otherwise permit
a public offering of Westgold Shares outside
Australia.
Investors resident in places other than Australia and
its external territories and New Zealand should note
that the Offer is being proposed and will be
conducted in accordance with the laws in force in
Australia and with the ASX Listing Rules. The
disclosure requirements in relation to the Offer in
2
Australia will differ from those applying in other
jurisdictions. The financial statements included in
this Bidder’s Statement have been prepared in
accordance with generally accepted accounting
principles in Australia that will differ from those in
other jurisdictions.
The securities referred to in this Bidder’s Statement
have not been and will not be registered under the
US Securities Act of 1933 (Securities Act), as
amended, or other securities laws of any jurisdiction
of the US and therefore may not be offered or sold in
the US without registration or an applicable
exemption from the registration requirements of the
Securities Act. This Bidder’s Statement does not
constitute an offer to issue or to sell or the
solicitation of any offer to buy any such
securities or any securities to be issued in
exchange for such securities in any jurisdiction
in which the issue of shares under the Offer
would be unlawful.
Small Parcel Holders
Following acceptance of the Offer, if the total number
of Westgold Shares you are entitled to receive as
consideration under the Offer is a Small Parcel, you
will receive a cash amount for Your Musgrave
Shares, calculated in accordance with Section 11.4
as if you were an Ineligible Foreign Shareholder.
Forward looking statements
Certain statements in this Bidder's Statement relate
to the future. Such forward looking statements are
not based on historical facts, but rather reflect the
current assumptions and expectations of Westgold
concerning future events and circumstances,
including the operations of Westgold and Musgrave
and the economic and regulatory environment in
which Westgold and Musgrave will operate in the
future. Often, but not always, forward looking
statements can be identified by the use of forward
looking words such as "may", "will", "expect",
"intend", "plan", "estimate", "anticipate", "continue",
and "guidance", or other similar words and may
include, without limitation, statements in this Bidder's
Statement regarding intent, belief, expectations,
plans, strategies and objectives of management,
indications of and guidance on synergies, future
earnings or financial position or performance, future
acquisitions, anticipated production or construction
commencement dates, costs or production outputs
for each of Westgold and Musgrave (based on,
among other things, their respective estimates of
their production for the periods specifically referred to
in this Bidder's Statement), the outcome and effects
of the Offer (including expected benefits to Westgold
and Musgrave Shareholders) and the future
operations of Westgold and Musgrave.
To the extent that this Bidder's Statement contains
forward looking information, the forward-looking
information is subject to a number of risks, including
those generally associated with the mining industry.
Any such forward looking statement inherently
involves known and unknown risks, uncertainties and
other factors that may cause actual results,
performance and achievements to be materially
greater or less than estimated. These may include,
but are not limited to, changes in commodity prices,
foreign exchange fluctuations and general economic
conditions, increased costs and demand for
production inputs, the speculative nature of
exploration and project development (including the
risks of obtaining necessary licenses and permits
and diminishing quantities or grades of reserves),
political and social risks, changes to the regulatory
framework within which Westgold and Musgrave
operate or may in the future operate, environmental
conditions including extreme weather conditions,
geological and geotechnical events, and other
environmental issues, the recruitment and retention
of key personnel, industrial relations issues, litigation
and outbreaks of disease or pandemics (including
the continuation of the global COVID-19 pandemic).
Further information in relation these risks and
uncertainties, including the key risks of the Offer are
summarised in Section 9. All forward looking
statements should be read in light of such risks and
uncertainties. None of Westgold, its respective
officers, employees and advisers nor any other
person named in this Bidder's Statement, makes any
representation or warranty that any outcome,
performance, or result expressed in or implied by any
forward looking statement in this Bidder's Statement
will actually occur. You should treat all forward
looking statements with caution and not place undue
reliance on them.
Any forward looking statements in this Bidder's
Statement reflect the assumptions and expectations
of Westgold as at the Announcement Date. Except
as required by law, Westgold and its respective
officers, employees and advisers, and any person
named in this Bidder's Statement with their consent,
and any person involved in the preparation of this
Bidder's Statement, disclaim any obligation to revise
or update any forward looking statements after the
Announcement Date to reflect any change in the
assumptions or expectations on which those
statements are based.
Disclaimer as to Musgrave and Combined Group
Information
Information in this document about Musgrave has
been prepared based on publicly available
information. Westgold has not independently verified
such information. Accordingly, subject to the
Corporations Act, Westgold does not make any
representation or gives any express or implied
warranty as to the accuracy or completeness of such
information.
Further information relating to Musgrave’s business
may be included in the Target’s Statement which
Musgrave must provide to its shareholders in
response to this Bidder's Statement.
3
The information on the Combined Group contained in
this Bidder’s Statement, to the extent that it
incorporates or reflects information on Musgrave, has
also been prepared using publicly available
information. Accordingly, information in relation to the
Combined Group is subject to the foregoing
disclaimer to that extent.
presented by other entities, nor should it be
construed as an alternative to other financial
measures determined in accordance with the
Australian Accounting Standards. You are
cautioned, therefore, not to place undue reliance on
any non-IFRS financial information and ratios (if any)
included in this Bidder’s Statement.
Value of Westgold Shares
Diagrams, maps and data in charts, graphs and
tables
As you are being offered Westgold Shares as
consideration for Your Musgrave Shares, the implied
value of the Offer will vary with the market price of
Westgold Shares. Further information on the implied
value of the Offer is contained in Section 11.5(c) of
this Bidder's Statement.
Diagrams and maps appearing in this Bidder's
Statement are illustrative only and may not be drawn
to scale. Unless otherwise indicated, all data
contained in charts, graphs and tables is based on
information current at the Announcement Date.
No guarantee of capital or investment returns
References to currency
Except as required by law, and only to the extent
required, no person named in this Bidder's Statement
nor any other person, warrants or guarantees
Westgold's performance with or without the
acquisition of Musgrave or the repayment of capital
or any return on investment made pursuant to this
Bidder's Statement.
Unless otherwise indicated, all references to $, A$,
dollars or cents in this Bidder's Statement are to
Australian currency.
Acceptance of the Offer is not a deposit with or other
liability of Westgold or any other related party or
associate of Westgold. The Offer Consideration to
be received under the Offer is subject to investment
risk including loss of income or principal invested.
Neither Westgold nor any of its related parties or
associates, gives any guarantee or assurance as to
the performance of the new Westgold Shares, any
particular rate of return on the new Westgold Shares
or the repayment of any capital or principal.
References to time
Unless otherwise indicated, all references to time in
this Bidder's Statement are to the time in Perth,
Australia.
Further questions
If you have further questions in relation to the Offer
or how to accept them, please call the Offer
Information Line on 1300 918 437 from within
Australia (toll-free) or +61 3 9415 4393 from outside
Australia (charges apply) between 8:30am and
5:00pm (AEST) Monday to Friday.
Non-IFRS information
This Bidder’s Statement references certain terms
commonly used in the mining industry that are not
prescribed in the IFRS, including “AISC”, and that
constitute ‘non-IFRS financial information’ under
Regulatory Guide 230 Disclosing non-IFRS financial
information published by ASIC.
C1 represents the cost for mining, processing and
administration after accounting for movements in
inventory (predominantly ore stockpiles). It includes
net proceeds from by-product credits, but excludes
the cost of royalties and capital costs for exploration,
mine development and plant and equipment. AISC
is made up of the C1 plus royalty expense,
sustaining capital expense and general corporate
and administration expenses. AIC is made up of the
AISC plus growth (major project) capital and
discovery expenditure.
Westgold believes this non-IFRS financial
information provides useful information to users in
measuring the financial performance and condition of
Westgold. The non-IFRS financial information does
not have a standardised meaning prescribed by the
Australian Accounting Standards and, therefore, may
not be comparable to similarly titled measures
4
Letter to Musgrave Shareholders
Dear Musgrave Shareholder
We are pleased to enclose an Offer from Westgold Resources Limited ACN 009 260 306 to acquire all
of your ordinary shares in Musgrave Minerals Limited ACN 143 890 671.
Offer overview
The Offer provides Musgrave Shareholders the opportunity to see their gold assets developed by a
well-funded, debt free and experienced gold miner in a timely and capital efficient manner. It provides
an immediate and attractive premium that sidesteps the high risk, dilutive and arduous process of
approval, finance, construction and start-up of a small, stand-alone processing facility in a region
already well serviced with processing infrastructure.
Westgold is offering you 1 Westgold Share for every 5.37 of your Musgrave Shares. As at 2 June
2023 (being Westgold’s share price at the time of Westgold’s proposal and before the loss of
confidentiality affected Musgrave’s share price and volumes), the implied value of the Offer
Consideration was $177.3 million or $0.30 per Musgrave Share (based on the closing price of
Westgold Shares on 2 June 2023 of $1.61 1).
The Offer represents a highly attractive premium of: 2
•
30.5% to the 5-day VWAP of Musgrave Shares of $0.229 on 2 June 2023;
•
33.0% to the 30-day VWAP of Musgrave Shares of $0.225 on 2 June 2023; and
•
41.3% to the 180-day VWAP of Musgrave Shares of $0.212 on 2 June 2023.
Offer rationale and key benefits
Westg
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