RE: The Current Situation1 Mar 2023 05:33
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If you're like me and you're not "inside" then there's a good chance you'll be wondering as I am where we are with both the RBL & JV. Well FWIW here's some of my reasoning.
Although I'm not a qualified lawyer I do have a limited knowledge of English Law and in particular of Contract Law here in the UK. So please take what I say as nothing more than my own opinion but with this in mind.
I've done my best to establish where we are on both counts including asking the Company in recent weeks.
Although information is extremely difficult to obtain, I have convinced myself now that these two processes are still very much work in progress.
As far as the RBL is concerned we were told that two banks were due to submit finance "Terms" to COPL in mid-December. So, I'm assuming that happened and that the "Terms" were offers of finance. Albeit subject to any conditions and caveats.
From AM's point of view, I think he would have preferred to wait for at least another one offer, making three in total before selecting a favourite to run with.
Facility Agreements like these are complicated financial instruments in themselves. However, in this case the selected lender would more than likely insist on anyone with an interest also entering into sub-contracts with the parties whether vested or not.
So, companies such as Southwestern and the cornerstone fund together with anyone with a design liability for instance and possibly the local landowners would need to be included.
There may well have been a considerable number of such considerations to orchestrate and deal with. All of which takes time. So, for me I'm not really surprised that an agreement hasn't been concluded yet. But I do think from what we've been told it's very close now
As I've said before I'm reasonably confident that COPL is on the verge of entering into a JV with a suitable partner (JV Party). We're told that AM is in the process of finalising "Terms" now and if that's right then we're likely to be informed of the outcome very soon.The "Terms" (Terms & Conditions) stage in any contractual process is the penultimate one. It follows an agreement that's been reached in principle.
As in the case of the RBL both parties in the JV will need to tie-in their respective interested sub-parties too, whether vested or not. In this particular case the Terms are likely to be even more extensive given the magnitude and time-frame fundamentals involved. I believe we could be looking at a JV having a total revenue of over $50bn and roughly a 40 year span for the "Life of Field".
In addition, the JV agreement will need to accommodate a payment in whatever form from the JV Party to COPL. Why that might cause a delay is it's likely the JV Party will want to verify the amount of oil in place together with the potential flow rates before agreeing the valuation and payment terms.