SB ii3 Aug 2019 11:31
Pop - I always thought the DoS was a procedural submission and I never really gave it to much consideration. Once FRCC was put in to voluntary liquidation last May, it kicked-started a standard process and our task became hugely complicated and expensive. FRR tried to stop the VL in California via the TRO but failed miserably. The complication being that FRR had to move the PSA to a new entity and quickly.
Personally, I think FRR have either secured new financing or a JV deal but is being held up until B12 PSA has been secured in a new entity (Frontera Resources US?). Thursday’s court Order gave FRR some breathing space, maybe to finalise these arrangements, although whether this transfer is legal or not, well, let them argue this in the Georgian Courts.
Remember a creditors main motivation is how to best recover his money and not to takeover the company. Hope’s actions reminds me of that kids story, The Farmer & the Enormous Turnip. Hope thinks he is in a strong position and can just ‘pluck’ FRR out of the ground and keep it all for himself. Well, it seems this turnip is pretty deep and it will take him lots of money and energy to get it out.
As far as the Cayman Lawyers writ is concerned, I distinctly got the ‘feeling’ (from reading the court dox) that there was some collusion going on between them and Hope’s team; advising them to sue SN & ZM and to do it now! Again, just supposition but is it not a coincidence that just when Cayman writ was issued, bang-wallop, a new summons gets issued in Texas. Talk about putting our guys under pressure.
Anyway, at the end of the day, I still think we have a mountain to climb but we now have two instances where the Directors have issued their personal guarantees for the company’s obligations. The Caymans lawyers may face some delays in getting their money but they are hardly losing out with a whopping 20% interest rate on the outstanding amount, I am certain they will get paid sooner or later.
Anyway, I am more concerned about the YA debt, if no news there, I would be delighted.
All in my humble opinion.