CFS Wholesale Global Resources Fund Completes Historical Early Warning Reporting Disclosure Filings Respecting Shares and Warrants of NiMin Energy Corp. with the British Columbia, Alberta, Ontario and Nova Scotia Securities Commissions
SYDNEY, NSW, Australia, Feb. 20, 2013 /CNW/ - This press release is being disseminated as required by National Instrument 62-103 The Early Warning System and Related Take Over Bid and Insider Reporting Issues in connection with the filing of historical early warning reports (the "Early Warning Reports") regarding the ordinary shares (the "Shares") and Share purchase warrants (the "Warrants") of NiMin Energy Corp. ("NiMin") that were beneficially owned by CFS Wholesale Global Resources Fund (the "Fund"), an Australian registered fund, during the period that began on March 24, 2010 and ended on February 25, 2012 (the "Reporting Period"). The Fund has not beneficially owned or exercised control or direction over any Shares or Warrants of NiMin since September 21, 2012. Each of the Early Warning Reports that have been filed in connection with the transactions in the Shares and Warrants that were conducted on behalf of the Fund during the Reporting Period are attached as Schedule A.
The Shares and Warrants of NiMin were acquired by the Fund in the ordinary course of its business as an investment fund. The Shares and Warrants were not acquired for the purpose of acquiring, changing or influencing the control of NiMin. The Fund may acquire or dispose of additional Shares or Warrants from time to time.
A copy of each of the Early Warning Reports attached as Schedule A may also be found on NiMin's continuous disclosure record at www.SEDAR.com.
ENDS
Note to editors: About Colonial First State Asset Management (Australia) Limited
Colonial First State Asset Management (Australia) Limited is part of Colonial First State Global Asset Management, the consolidated asset management division of the Commonwealth Bank of Australia Group, one of the largest financial institutions in Australia. Colonial First State Global Asset Management is one of the largest Australian-based investment managers with offices in Sydney, Melbourne, Auckland, London, Edinburgh, Paris, New York, Hong Kong, Singapore, Jakarta and Tokyo. The Bank and its subsidiaries do not guarantee the performance of any funds invested or the repayment of capital. Investments are not deposits or other liabilities of the Bank or its subsidiaries and are subject to investment risk including loss of income and capital invested.
At 31 December 2012, Colonial First State Global Asset Management managed more than US$160 billion across a diverse range of asset classes including Australian equities, global equities, global emerging market equities, global resource equities, global property securities, global listed infrastructure securities, global fixed interest and credit, emerging market debt and short term investments. In addition, we have a direct asset management business which offers investors specialist property and infrastructure investments.
Our approach to investment is driven by a commitment to providing the best possible outcomes over the long term for our investors. To achieve this, we ensure our interests are aligned with our investors and uphold a culture of always acting responsibly. As such we have been a signatory to the United Nations Principles for Responsible Investment since March 2007 with our global investment teams integrating environmental, social and governance (ESG) factors into their investment processes.
Schedule A
Early Warning Reports
EARLY WARNING REPORT
FILED PURSUANT TO NATIONAL INSTRUMENT 62-103 *
(1) Name and address of the offeror:
CFS Wholesale Global Resources Fund (the "Fund") Ground Floor Tower 1, 201 Sussex Street Sydney, NSW, 2000, Australia Attention: Matthew Doyle, Group Substantial Shareholding Team
(2) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities of which the offeror acquired ownership or control in the transaction or occurrence giving rise to the obligation to file the news release and whether it was ownership or control that was acquired in those circumstances:
On 24 March 2010, the Fund acquired 1,631,374 ordinary shares (the "Shares") of NiMin Energy Corp. ("NiMin Energy") representing approximately 3.17% of the issued and outstanding Shares of NiMin Energy on a partially diluted basis, assuming exercise of the Warrants by the Fund, based on 49,811,072 issued and outstanding Shares of NiMin Energy.
(3) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities immediately after the transaction or occurrence giving rise to obligation to file the news release:
As of 24 March 2010, the Fund beneficially owned 4,841,948 Shares and 1,579,200 Warrants of NiMin Energy representing approximately 12.49% of the issued and outstanding Shares on a partially diluted basis, assuming exercise of the Warrants by the Fund.
(4) Designation and number or principal amount of securities and the percentage of outstanding securities of the class of securities referred to in paragraph (3) over which
(i) the offeror, either alone or together with any joint actors, has ownership and control:
Not applicable.
(ii) the offeror, either alone or together with any joint actors, has ownership but control is held by other persons or companies other than the offeror or any joint actor:
As of 24 March 2010, the Fund beneficially owned 4,841,948 Shares and 1,579,200 Warrants of NiMin Energy representing approximately 12.49% of the issued and outstanding Shares on a partially diluted basis, assuming exercise of the Warrants by the Fund.
(iii) the offeror, either alone or together with any joint actors, has exclusive or shared control but does not have ownership:
Not applicable.
(5) Name of the market in which the transaction or occurrence that gave rise to the news release took place:
The transaction took place by private agreement outside of the facilities of the TSX-Venture Exchange.
(5.1) The value, in Canadian dollars, of any consideration offered per security if the offeror acquired ownership of a security in the transaction or occurrence giving rise to the obligation to file a news release: The consideration paid by the Fund was Cdn.$4.35 per Share.
(6) Purpose of the offeror and any joint actors in effecting the transaction or occurrence that gave rise to the news release, including any future intention to acquire ownership of, or control over, additional securities of the reporting issuer:
The Shares of NiMin Energy were acquired by the Fund in the ordinary course of its business as an investment fund. The Shares were not acquired for the purpose of acquiring, changing or influencing the control of NiMin Energy. The Fund may acquire or dispose of additional Shares or Warrants from time to time.
(7) General nature and the material terms of any agreement, other than lending arrangements, with respect to securities of the reporting issuer entered into by the offeror, or any joint actor, and the issuer of the securities or any other entity in connection with the transaction or occurrence giving rise to the news release, including agreements with respect to the acquisition, holding, disposition or voting of any of the securities:
Not applicable.
(8) Names of any joint actors in connection with the disclosure required by this report:
Not applicable.
(9) In the case of a transaction or occurrence that did not take place on a stock exchange or other market that represents a published market for the securities, including an issuance from treasury, the nature and value of the consideration paid by the offeror:
See item 5.1 above.
(10) If applicable, a description of any change in any material fact set out in a previous report by the entity under the early warning requirements or Part 4 of National Instrument 62-103 in respect of the reporting issuer's securities:
Not applicable.
(11) If applicable, a description of the exemption from securities legislation being relied on by the offeror and the facts supporting that reliance:
Not applicable.
DATED AT Sydney, NSW, Australia this 20th day of February, 2013.
CFS WHOLESALE GLOBAL RESOURCES FUND by its Investment Manager, Colonial First State Asset Management (Australia) Limited
By: "John Francis Greenhalgh"
Name: John Francis Greenhalgh
Title: Secretary
* This is a late filing.
EARLY WARNING REPORT
filed pursuant to national instrument 62-103 *
(1) Name and address of the offeror:
CFS Wholesale Global Resources Fund (the "Fund") Ground Floor Tower 1, 201 Sussex Street Sydney, NSW, 2000, Australia Attention: Matthew Doyle, Group Substantial Shareholding Team
(2) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities of which the offeror acquired ownership or control in the transaction or occurrence giving rise to the obligation to file the news release and whether it was ownership or control that was acquired in those circumstances:
On 14 December 2010, the Fund disposed of 3,049,527 ordinary shares (the "Shares") of NiMin Energy Corp. ("NiMin Energy") representing approximately 4.82% of the issued and outstanding Shares of NiMin Energy on a partially diluted basis, based on 61,660,977 issued and outstanding Shares of NiMin Energy.
(3) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities immediately after the transaction or occurrence giving rise to obligation to file the news release:
As of 14 December 2010, the Fund beneficially owned 1,792,421 Shares and 1,579,200 Share purchase warrants (the "Warrants") of NiMin Energy representing approximately 5.33% of the issued and outstanding Shares on a partially diluted basis, assuming exercise of the Warrants by the Fund.
(4) Designation and number or principal amount of securities and the percentage of outstanding securities of the class of securities referred to in paragraph (3) over which
(i) the offeror, either alone or together with any joint actors, has ownership and control:
Not applicable.
(ii) the offeror, either alone or together with any joint actors, has ownership but control is held by other persons or companies other than the offeror or any joint actor:
As of 30 January 2012, the Fund beneficially owned 1,792,421 Shares and 1,579,200 Warrants of NiMin Energy representing approximately 5.33% of the issued and outstanding Shares on a partially diluted basis, assuming exercise of the Warrants by the Fund.
(iii) the offeror, either alone or together with any joint actors, has exclusive or shared control but does not have ownership:
Not applicable.
(5) Name of the market in which the transaction or occurrence that gave rise to the news release took place:
The transaction took place in the secondary market through the facilities of the TSX-Venture Exchange.
(5.1) The value, in Canadian dollars, of any consideration offered per security if the offeror acquired ownership of a security in the transaction or occurrence giving rise to the obligation to file a news release: Not applicable.
(6) Purpose of the offeror and any joint actors in effecting the transaction or occurrence that gave rise to the news release, including any future intention to acquire ownership of, or control over, additional securities of the reporting issuer:
The Shares of NiMin Energy were disposed of by the Fund in the ordinary course of its business as an investment fund. The Shares were not disposed of for the purpose of acquiring, changing or influencing the control of NiMin Energy. The Fund may acquire or dispose of additional Shares or Warrants from time to time.
(7) General nature and the material terms of any agreement, other than lending arrangements, with respect to securities of the reporting issuer entered into by the offeror, or any joint actor, and the issuer of the securities or any other entity in connection with the transaction or occurrence giving rise to the news release, including agreements with respect to the acquisition, holding, disposition or voting of any of the securities:
Not applicable.
(8) Names of any joint actors in connection with the disclosure required by this report:
Not applicable.
(9) In the case of a transaction or occurrence that did not take place on a stock exchange or other market that represents a published market for the securities, including an issuance from treasury, the nature and value of the consideration paid by the offeror:
Not applicable.
(10) If applicable, a description of any change in any material fact set out in a previous report by the entity under the early warning requirements or Part 4 of National Instrument 62-103 in respect of the reporting issuer's securities:
Not applicable.
(11) If applicable, a description of the exemption from securities legislation being relied on by the offeror and the facts supporting that reliance:
Not applicable.
DATED AT Sydney, NSW, Australia this 20th day of February, 2013.
CFS WHOLESALE GLOBAL RESOURCES FUND by its Investment Manager, Colonial First State Asset Management (Australia) Limited
By: "John Francis Greenhalgh"
Name: John Francis Greenhalgh
Title: Secretary
* This is a late filing.
EARLY WARNING REPORT
filed pursuant to national instrument 62-103 *
(1) Name and address of the offeror:
CFS Wholesale Global Resources Fund (the "Fund") Ground Floor Tower 1, 201 Sussex Street Sydney, NSW, 2000, Australia Attention: Matthew Doyle, Group Substantial Shareholding Team
(2) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities of which the offeror acquired ownership or control in the transaction or occurrence giving rise to the obligation to file the news release and whether it was ownership or control that was acquired in those circumstances:
On 14 April 2011, the Fund acquired 3,262,752 ordinary shares (the "Shares") of NiMin Energy Corp. ("NiMin Energy") representing approximately 5.29% of the issued and outstanding Shares of NiMin Energy, based on 61,660,977 issued and outstanding Shares of NiMin Energy.
(3) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities immediately after the transaction or occurrence giving rise to obligation to file the news release:
As of 14 April 2011, the Fund beneficially owned 6,634,373 Shares of NiMin Energy representing approximately 10.76% of the issued and outstanding Shares.
(4) Designation and number or principal amount of securities and the percentage of outstanding securities of the class of securities referred to in paragraph (3) over which
(i) the offeror, either alone or together with any joint actors, has ownership and control:
Not applicable.
(ii) the offeror, either alone or together with any joint actors, has ownership but control is held by other persons or companies other than the offeror or any joint actor:
As of 14 April 2011, the Fund beneficially owned 6,634,373 Shares of NiMin Energy representing approximately 10.76% of the issued and outstanding Shares.
(iii) the offeror, either alone or together with any joint actors, has exclusive or shared control but does not have ownership:
Not applicable.
(5) Name of the market in which the transaction or occurrence that gave rise to the news release took place:
The transaction took place by private agreement outside of the facilities of the TSX-Venture Exchange.
(5.1) The value, in Canadian dollars, of any consideration offered per security if the offeror acquired ownership of a security in the transaction or occurrence giving rise to the obligation to file a news release: The consideration paid by the Fund was Cdn.$4.35 per Share.
(6) Purpose of the offeror and any joint actors in effecting the transaction or occurrence that gave rise to the news release, including any future intention to acquire ownership of, or control over, additional securities of the reporting issuer:
The Shares of NiMin Energy were acquired by the Fund in the ordinary course of its business as an investment fund. The Shares were not acquired for the purpose of acquiring, changing or influencing the control of NiMin Energy. The Fund may acquire or dispose of additional Shares or Warrants from time to time.
(7) General nature and the material terms of any agreement, other than lending arrangements, with respect to securities of the reporting issuer entered into by the offeror, or any joint actor, and the issuer of the securities or any other entity in connection with the transaction or occurrence giving rise to the news release, including agreements with respect to the acquisition, holding, disposition or voting of any of the securities:
The Fund ceased to beneficially own any Share purchase warrants (the"Warrants") of NiMin Energy on 16 March 2011 when it acquired 1,579,200 shares upon the exercise of 1,579,200 Warrants previously owned by it.
(8) Names of any joint actors in connection with the disclosure required by this report:
Not applicable.
(9) In the case of a transaction or occurrence that did not take place on a stock exchange or other market that represents a published market for the securities, including an issuance from treasury, the nature and value of the consideration paid by the offeror:
See item 5.1 above.
(10) If applicable, a description of any change in any material fact set out in a previous report by the entity under the early warning requirements or Part 4 of National Instrument 62-103 in respect of the reporting issuer's securities:
Not applicable.
(11) If applicable, a description of the exemption from securities legislation being relied on by the offeror and the facts supporting that reliance:
Not applicable.
DATED AT Sydney, NSW, Australia this 20th day of February, 2013.
CFS WHOLESALE GLOBAL RESOURCES FUND by its Investment Manager, Colonial First State Asset Management (Australia) Limited
By: "John Francis Greenhalgh"
Name: John Francis Greenhalgh
Title: Secretary
* This is a late filing.
EARLY WARNING REPORT
filed pursuant to national instrument 62-103 *
(1) Name and address of the offeror:
CFS Wholesale Global Resources Fund (the "Fund") Ground Floor Tower 1, 201 Sussex Street Sydney, NSW, 2000, Australia Attention: Matthew Doyle, Group Substantial Shareholding Team
(2) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities of which the offeror acquired ownership or control in the transaction or occurrence giving rise to the obligation to file the news release and whether it was ownership or control that was acquired in those circumstances:
On 25 February 2012, the Fund disposed of 79,970 ordinary shares (the "Shares") of NiMin Energy Corp. ("NiMin Energy") representing approximately 0.12% of the issued and outstanding Shares of NiMin Energy.
(3) Designation and number or principal amount of securities and the offeror's securityholding percentage in the class of securities immediately after the transaction or occurrence giving rise to obligation to file the news release:
As of 25 February 2012, the Fund beneficially owned 6,554,403 Shares of NiMin Energy representing approximately 9.85% of the issued and outstanding Shares.
(4) Designation and number or principal amount of securities and the percentage of outstanding securities of the class of securities referred to in paragraph (3) over which
(i) the offeror, either alone or together with any joint actors, has ownership and control:
Not applicable.
(ii) the offeror, either alone or together with any joint actors, has ownership but control is held by other persons or companies other than the offeror or any joint actor:
As of 25 February 2012, the Fund beneficially owned 6,554,403 Shares of NiMin Energy representing approximately 9.85% of the issued and outstanding Shares.
(iii) the offeror, either alone or together with any joint actors, has exclusive or shared control but does not have ownership:
Not applicable.
(5) Name of the market in which the transaction or occurrence that gave rise to the news release took place:
The transaction took place in the secondary market through the facilities of the TSX-Venture Exchange.
(5.1) The value, in Canadian dollars, of any consideration offered per security if the offeror acquired ownership of a security in the transaction or occurrence giving rise to the obligation to file a news release: Not applicable.
(6) Purpose of the offeror and any joint actors in effecting the transaction or occurrence that gave rise to the news release, including any future intention to acquire ownership of, or control over, additional securities of the reporting issuer:
The Shares of NiMin Energy were disposed of by the Fund in the ordinary course of its business as an investment fund. The Shares were not disposed of for the purpose of acquiring, changing or influencing the control of NiMin Energy. The Fund may acquire or dispose of additional Shares or Warrants from time to time.
(7) General nature and the material terms of any agreement, other than lending arrangements, with respect to securities of the reporting issuer entered into by the offeror, or any joint actor, and the issuer of the securities or any other entity in connection with the transaction or occurrence giving rise to the news release, including agreements with respect to the acquisition, holding, disposition or voting of any of the securities:
Not applicable.
(8) Names of any joint actors in connection with the disclosure required by this report:
Not applicable.
(9) In the case of a transaction or occurrence that did not take place on a stock exchange or other market that represents a published market for the securities, including an issuance from treasury, the nature and value of the consideration paid by the offeror:
Not applicable.
(10) If applicable, a description of any change in any material fact set out in a previous report by the entity under the early warning requirements or Part 4 of National Instrument 62-103 in respect of the reporting issuer's securities:
Not applicable.
(11) If applicable, a description of the exemption from securities legislation being relied on by the offeror and the facts supporting that reliance:
Not applicable.
DATED AT Sydney, NSW, Australia this 20th day of February, 2013.
CFS WHOLESALE GLOBAL RESOURCES FUND by its Investment Manager, Colonial First State Asset Management (Australia) Limited
By: "John Francis Greenhalgh"
Name: John Francis Greenhalgh
Title: Secretary
* This is a late filing.
SOURCE: CFS Wholesale Global Resources Fund

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