Response to ASX Price Query
ASX Announcement ASX code: RHY ACN: 619 459 335 Rhythm Biosciences Issued Capital Australian Registered Office Directors ASX: RHY ACN: 619 459 335 201,495,811 Shares 8,150,000 Options Level 2 , 48 0 Collins Street Melbourne VIC 3000 www.rhythmbio.com Otto Buttula – Chairman of the Board Trevor John Lockett – Executive Director Louis James Panaccio – Non - Executive Director David John White – Non - Executive Director Eduardo Vom – Non - Executive Director 5 January 2021 M s Melissa Kostopoulos ASX Compliance Pty Ltd Level 4, North Tower Rialto 525 Collins Street MELBOURNE VIC 3000 By Email: firstname.lastname@example.org Dear Melissa Response to ASX Price Query - Rhythm Biosciences Limited Further to your correspondence dated today 5 January 2021 regarding the change in the price of the securities of Rhythm Biosciences Limited (“RHY” and “the Company”) from a low closing price of $0.8 75 on Thursday 31 December 2020 to an intra - day high of $ 1. 27 as of today 5 January 2020 , and reference to the volume of shares traded, I wish to respond as follows: 1. No. 2. N ot applicable. 3. The only other explanation the Company can ascribe to recent trading activity is that it has been the subject of more market / analyst commentary, as a result of its positive ASX disclosures during November – December 2020 (The Motley Fool 29 Dec ’20 – “Wh y the Rhythm Biosciences (ASX: RHY) share price jumped over 600% this year”, and Stockhead’s Experts section titled “Tim Boreham’s 21 stocks that are primed to run in 2021 – Part II”). 4. T he Company confirms that it is in compliance with the Listing Rules and, in particular, Listing Rule 3.1 . 5. The Company’s responses to the questions above have been authorised and approved in accordance with its published continuous discl osure policy or otherwise by its board or an officer of RHY with delegated authority from the board to respond to ASX on disclosure matters. Please do not hesitate to contact the writer with any queries relating to this matter during office hours on 03 9614 0600. Yours sincerely Otto Buttula Chairman ASX Limited [[ Listings ]] ASX Customer Service Centre 131 279 | asx.com.au 5 January 2021 Reference: ODIN29333 Ms Pauline Moffatt Joint Company Secretary Rhythm Bioscience Limited Level 2, 480 Collins Street Melbourne Vic 3000 By email: email@example.com Dear Ms Moffatt Rhythm Bioscience Limited (‘RHY’): Price - Query ASX refers to the following: A. The change in the price of RHY’s securities from a closing price of $0.875 on Thursday 31 December 2020 to a high today of $1.27. B. The significant increase in the volume of RHY’s securities traded during this period. Request for information In light of this, ASX asks RHY to respond separately to each of the following questions and requests for information: 1. Is RHY aware of any information concerning it that has not been announced to the market which, if known by some in the market, could explain the recent trading in its securities? 2. If the answer to question 1 is “yes”. (a) Is RHY relying on Listing Rule 3.1A not to announce that information under Listing Rule 3.1? Please note that the recent trading in RHY’s securities would suggest to ASX that such information may have ceased to be confidential and therefore RHY may no longer be able to rely on Listing Rule 3.1A. Accordingly, if the answer to this question is “yes”, you need to contact us immediately to discuss the situation. (b) Can an announcement be made immediately? Please note, if the answer to this question is “no”, you need to contact us immediately to discuss requesting a trading halt (see below). (c) If an announcement cannot be made immediately, why not and when is it expected that an announcement will be made? 3. If the answer to question 1 is “no”, is there any other explanation that RHY may have for the recent trading in its securities? 4. Please confirm that RHY is complying with the Listing Rules and, in particular, Listing Rule 3.1. 5. Please confirm that RHY’s responses to the questions above have been authorised and approved under its published continuous disclosure policy or otherwise by its board or an officer of RHY with delegated authority from the board to respond to ASX on disclosure matters. 2 / 3 ASX Customer Service Centre 131 279 | asx.com.au When and where to send your response This request is made under Listing Rule 18.7. Your response is required as soon as reasonably possible and, in any event, by no later than 2:00 PM AEDT Tuesday, 5 January 2021 . You should note that if the information requested by this letter is information required to be given to ASX under Listing Rule 3.1 and it does not fall within the exceptions mentioned in Listing Rule 3.1A, RHY’s obligation is to disclose the information ‘immediately’. This may require the information to be disclosed before the deadline set out in the previous paragraph and may require RHY to request a trading halt immediately. Your response should be sent to me by e-mail at ListingsComplianceMelbourne@asx.com.au . It should not be sent directly to the ASX Market Announcements Office. This is to allow me to review your response to confirm that it is in a form appropriate for release to the market, before it is published on the ASX Market Announcements Platform. Trading halt If you are unable to respond to this letter by the time specified above, or if the answer to question 1 is “yes” and an announcement cannot be made immediately, you should discuss with us whether it is appropriate to request a trading halt in RHY’s securities under Listing Rule 17.1. If you wish a trading halt, you must tell us: • the reasons for the trading halt; • how long you want the trading halt to last; • the event you expect to happen that will end the trading halt; • that you are not aware of any reason why the trading halt should not be granted; and • any other information necessary to inform the market about the trading halt, or that we ask for. We require the request for a trading halt to be in writing. The trading halt cannot extend past the commencement of normal trading on the second day after the day on which it is granted. You can find further information about trading halts in Guidance Note 16 Trading Halts & Voluntary Suspensions . Suspension If you are unable to respond to this letter by the time specified above, ASX will likely suspend trading in RHY’s securities under Listing Rule 17.3. Listing Rules 3.1 and 3.1A In responding to this letter, you should have regard to RHY’s obligations under Listing Rules 3.1 and 3.1A and also to Guidance Note 8 Continuous Disclosure : Listing Rules 3.1 – 3.1B. It should be noted that RHY’s obligation to disclose information under Listing Rule 3.1 is not confined to, nor is it necessarily satisfied by, answering the questions set out in this letter. Release of correspondence between ASX and entity We reserve the right to release a copy of this letter, your reply and any other related correspondence between us to the market under Listing Rule 18.7A. Questions If you have any questions in relation to the above, please do not hesitate to contact me. 3 / 3 ASX Customer Service Centre 131 279 | asx.com.au Regards Melissa Kostopoulos Compliance Adviser, Listings Compliance (Melbourne)
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