RE: Long Term Value Case22 Jan 2021 11:10
Firstly, it looks like my ghost hunting post has been taken down and that is just plain weird. Expect its return soon....Otherwise, honestly QF, I think (actually I know, but whatever) you are reading too much into this (even though I largely get your anger to an extent). Firstly, its a very bespoke situation so on that basis alone, has no real 'look through' to any other RNS type. More importantly though, on the deal itself, this was/is a private transaction between 2 parties, Oisin and Tosca. That 'agreement' would have involved Tosca's and the NOMAD's proper dd on the legitimacy of Oisin's funding provider(s) of course. Once that was done however, the rules are clear: it absolutely had to be announced (not to do so in fact ,would have been the real violation). This RNS went out - and this of course is crucial - with 2 key understandings among all the parties (very much including the NOMAD): 1. that the transaction was still subject to financing closing; and 2. the confidence that it would, in fact, close. Now of course you might well say 'that's all and good bluerill, but why didn't they use conditional language like 'subject to financing closing' and/or didn't use the past tense like 'bought', etc' and I have some sympathy with that. But in the end, my sympathy would/does not extend to righteous anger because firstly, I know that in fact, EVERY share transaction, private or otherwise, contains the risk of 'financing' failing. In other words, every time anyone buys shares there is a time lag (generally 2/3 days, but sometimes far longer) between 'trade date' and 'settlement date', or the time between when the shares are deemed 'purchased' and the time the buyer delivers the funds. On that basis there are in fact many thousands of transactions every day that 'fail' on settlement date for reasons very similar to ours. In addition, as we can see from the quote from Tosca in the RNS announcing the bargain had not closed - also ignored by trolls funnily enough - that they remain very prepared to continue to pursue the transaction tells us that the NOMAD would have been completely assured ex-ante that no matter what, if this transaction were to be disrupted in any way, that Tosca would not dispute the outcome and would happily 're-acquire' the massive shareholding. Knowing this would have given the NOMAD all the comfort they would have needed to put out the original RNS in the form they did (remember: AIM managements have absolutely NO control on the wording, timing, or even 'pushing the button' for the 7am release, of any public RNS. It is entirely in the hands of the NOMAD. Finally, as I have written before, this transaction remains an active one and we could still enjoy the upside of having a CEO buying a further large shareholding, but remember as well, OF remains one of the most 'aligned' CEOs among AIM small caps with some 9m shares, all/almost all of which he purchased with his own dough at (much) higher levels