This disclaimer and important notice applies to this presentation and any information provided in relation to or in connection with the information contained in it.
This presentation provides information in summary form and
should be read in conjunction with previous announcements in
relation to the proposed merger of Whitehaven Coal Limited
(Whitehaven) and Aston Resources Limited (Aston) and the
proposed acquisition by Whitehaven of Boardwalk Resources
Limited (Boardwalk) (the Transaction). Some of the
information in this presentation is based on publicly
available sources or internal estimates by Whitehaven, Aston
or Boardwalk, has not been independently verified and may not
be complete. In particular, this presentation does not
purport to contain all the information investors may require
in order to make a decision in relation to the
Transaction.
This presentation contains forward-looking statements which
involve a number of risks and uncertainties. Forward looking
statements should or can generally be identified by the use
of forward looking words such as "anticipate", "believe",
"expect", "forecast", "estimate", "will", "could", "may",
"target", "plan" and other similar expressions within the
meaning of securities laws of applicable jurisdictions, and
include expected production estimates. These statements
reflect current expectations, beliefs, hopes, intentions or
strategies regarding the future and assumptions based on
currently available information. Such forecasts, prospects or
returns are by their nature subject to significant
uncertainties and contingencies. Should one or more of the
risks or uncertainties materialise, or should underlying
assumptions prove incorrect, actual results may vary from the
expectations, beliefs, hopes, intentions and strategies
described in this presentation and you are cautioned not to
place undue reliance on any forward-looking statement.
No representation or warranty is made as to the accuracy,
completeness, reliability, fairness or correctness of the
information, conclusions and opinions (including any forward
looking statements) contained in this presentation. To the
maximum extent permitted by law, no person, including
Whitehaven, Aston, Boardwalk and their respective related
bodies corporate, officers, employees and representatives
(including agents and advisors), accepts any liability or
responsibility (including, without limitation, any liability
arising out of fault or negligence) for loss arising from the
use of the information contained in this presentation. In
particular, no representation or warranty, express or
implied, is given as to the accuracy, completeness or
correctness, likelihood of achievement of any forecasts,
prospects or returns contained in this presentation.
The information contained in this presentation is not
investment or financial product advice and is not intended to
be used as the basis for making an investment decision. In
this regard, this presentation has been prepared without
taking into account the investment objectives, financial
situation or particular needs of any particular person.
The statements in this presentation are made only as at the
date of this presentation unless otherwise stated and remain
subject to change without notice. No person, including
Whitehaven, Aston, Boardwalk and their respective related
bodies corporate, officers, employees and representatives
(including agents and advisors) accepts any obligation to
correct or update this presentation. You should seek your own
independent professional advice in relation to the technical,
financial, taxation, legal and commercial matters relating to
the information and rely on your own due diligence and
analysis accordingly.
This presentation does not constitute an offer to issue or
sell, or to arrange to sell, securities or other financial
products. In particular, this presentation and the
information contained in it does not constitute a
solicitation, offer or invitation to buy, subscribe for or
sell any security in the United States or to or for the
account or benefit of any U.S. Person (as defined in
Regulation S under the U.S. Securities Act of 1933 (the US
Securities Act)). The Whitehaven shares to be issued in the
Transaction have not been, and will not be, registered under
the US Securities Act. Securities may not be offered or sold
in the United States unless they have been registered under
the US Securities Act or an exemption from registration is
available.
Cautionary note regarding ore reserves and mineral resources:
You should be aware that as Australian companies with
securities listed on the ASX, each of Whitehaven and Aston is
subject to Australian disclosure requirements and standards,
including the continuous disclosure requirements of the
Australian Corporations Act and the ASX. Australian
disclosure requirements and standards are different from
those of the other jurisdictions. In addition, you should
note that it is a requirement of the ASX listing rules that
the reporting of ore reserves and mineral resources in
Australia comply with the JORC Code 2004 Edition, whereas
mining companies in other countries may be required to report
their mineral reserves and/or resources in accordance with
other guidelines (for example, SEC Industry Guide 7 in the
United States). You should note that while Whitehaven's
and Aston's reserve and resource estimates comply with
the JORC Code 2004 Edition, they may not comply with the
relevant guidelines in other countries, and do not comply
with SEC Industry Guide 7, which governs disclosures of
mineral reserves in registration statements and certain
reports filed with the U.S. Securities and Exchange
Commission. In particular, SEC Industry Guide 7 does not
recognise classifications other than proven and probable
reserves, and, as a result, the SEC generally does not permit
mining companies to disclose their mineral resources in SEC
registration statements. You should not assume that
quantities reported as "resources" will be converted to
reserves under the JORC Code or any other reporting regime or
that the merged entity will be able to legally and
economically extract them.
All references to future exploration, production, exploration
targets and production targets made in relation to Boardwalk
in this presentation are subject to completion of all
necessary feasibility studies, delivery of all necessary
approvals, construction and financing arrangements, as well
as certain other risks.
Any reference to exploration targets refers to in-situ coal
deposits in respect of which there is insufficient data from
historical and current exploration activities to identify a
Resource in compliance with the JORC Code, and is purely
conceptual in nature. It is uncertain if further exploration
will result in determination of a Mineral Resource (as
defined in the JORC Code).
The release, publication or distribution of this presentation
in jurisdictions outside Australia may be restricted by law.
Any failure to comply with such restrictions may constitute a
violation of applicable securities laws. This presentation
may not be copied by you, or distributed to any other person.
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Creating a leading independent Australian coal company