Debt restructure agreement9 May 2024 09:52
According to the above agreement, if the Company defaults on the debt repayments then the interest rates increase by 5% per annum.
From the Final Results for the Year Ended 31st December 2022 RNS posted on 16th May 2023 - "During FY2022 the Group made regular monthly loan repayments such that, except for a nominal circa US$1,200, the New Senior Debt has been fully repaid. This nominal amount was left in place to ensure various securities remained in place until the mezzanine loans are elevated to the status of secured borrowings (the "Elevation").
The majority mezzanine lender, MTL Luxemburg, Nick Candy's investment vehicle, (holding 70.7% of the Mezzanine Debt), has confirmed in writing that, subject to completion of the Elevation documents within a reasonable period (expected to be before the end of Q3 2023), the interest rate on its portion of the Mezzanine Debt will reduce to 7% per annum from 15% per annum from 3 November 2022 (being the date that the Company could have fully repaid the Senior Facility, but for the requirements of the elevation)."
MTL Luxembourg confirmed in writing that the interest rate would be reduced to 7% but has now gone back on that.
RHL are claiming that the Company had defaulted on numerous occasions and that the default interest is accrued from 5th October 2023. This opens up a number of questions. MTL had not made any payments to the Senior debt facility since November 2022. If RHL are not claiming this is a default then they must have accepted that the Senior debt facility had been repaid, therefore the interest rates on the Mezzanine debt facility should have been reduced.
Also, how has MTL defaulted on numerous occasions starting with 5th October 2023 and onwards? As the payments were being made every quarter I can only assume that the following condition within the debt restructure agreement has not been followed - "There will be no set fixed principal and interest repayment schedule, instead the Company will be required to pay a Quarterly Payment to the Lenders within 5 business days of each quarter end (being 31 March, 30 June, 30 September and 31 December);" So were RHL expecting a payment on 5th October 2023? 30th September was on a Saturday last year so 5 business days later would be Friday 6th October. Surely RHL should be claiming that the default interest rate should be accrued from 6th October 2023 if the quarterly payment date had been missed.
As posters have already pointed out, when the Company has paid $81m of debt since November 2022 then the $6.35m that the major shareholders are claiming is still owed is a merely a drop in the ocean when compared with the £300m free cash flow that is still left to mine.
I would be happy for the board to pay this and then we can move forward with no further niggling doubts.