RE: Canmax scraps the deal with Prem!28 Jun 2023 14:57
Stock Code: 300390 Announcement No.: 2023-046 Suzhou Tianhua New Energy Technology Co., Ltd. Announcement on Termination of the "Acquisition and Advance Payment Agreement" signed with Premier The company and all members of the board of directors guarantee that the content of the information disclosure is true, accurate and complete, and there are no false records, misleading statements or major omissions. The signing of the "Offtake and Advance Payment Agreement" and the supply of lithium concentrate Premier African Minerals Limited (hereinafter referred to as "Premier" or "Seller") is listed on the AIM market of the London Stock Exchange, and its main business is mineral exploration and mining. In March 2022, Suzhou Tianhua New Energy Technology Co., Ltd. (hereinafter referred to as the "Company" or the "Buyer") signed the "Share Subscription Agreement" with Premier. The 3 billion ordinary shares issued by Premier hold 13.38% of Premier's equity, making it the largest shareholder of Premier. The company owns fifty percent (50%) of the underwriting rights of Premier's lithium concentrate products. In July 2022, the company and Premier and its subsidiary Zulu Lithium Private Limited (hereinafter referred to as "Zulu") signed the "Acquisition and Prepayment Agreement" (hereinafter referred to as the "Prepayment Agreement") for the products of the Zulu Pilot Factory, and agreed that the seller will Deliver 48,000 tons of lithium concentrate products to the buyer, and the expected supply start date is between January 1, 2023 and March 31, 2023. At the same time, the company has paid the seller the advance payment in full in accordance with the advance payment agreement. 2. Progress in the implementation of the prepayment agreement According to the prepayment agreement, if the supply start date of the Zulu Pilot Plant does not occur on or before May 30, 2023, the buyer has the right to notify the seller in writing to terminate this prepayment agreement, and the seller shall pay the full amount within ninety (90) days after the termination of the prepayment agreement. Repay the advance and pay interest. On May 25, 2023, Premier emailed and confirmed that "no products will be shipped before May 30, 2023". In response to these expected default risks, the company, in the spirit of good faith cooperation, conducted full discussions and consultations with the other party on the follow-up cooperation matters, and agreed to advance the cooperation on June 25, 2023, but ultimately failed to meet the aforementioned deadline. Sign a new agreement.
In view of Premier's apparent breach of contract, and in accordance with the rights conferred in the advance payment agreement, the company has formally notified Premier in writing on June 28, 2023, that it has decided to terminate the advance payment agreement and require the other party to repay the advance payment and its interest in full within 90 days. 3. The impact of the termination of the prepayment agreemen