RE: Court Watching24 Jul 2021 13:19
The money will only be allowed to cover the authorised expenses, e.g staff costs and shipping as per the haul. I feel that they are surely confident that the bank deal will be done within weeks knowing that it is daft to stop shipments when it's just about to conclude. If there is no appeal from the banks about this judgement that would be a telltale sign for me.
If you read the parts in bold it makes the most sense Obs, I'll star the parts that make it clear to me that this is distinct from the original $10m:
"Requires the Debtor's *[authorization to continue the shipment of stocked iron ore]*. Basis your request in the favorable scenario of the current market in relation to the price of iron ore); Page 20157/20161 (Trustee is in favor of the request, which will allow the *[continuity of the Company's activities, through the sale of iron ore]* stored until the Debtor and the Banks Union present the agreement signed at the process. Considers that the authorization for sale is necessary in view of the guarantee offiduciary sale of all Assets of the Debtor held by the Union of Banks, added to the absence of the formalization of an Agreement between the Debtor and the Banks Union which prevents the resumption of activities and compliance with the PRJ. It maintains that there will be *[unnecessary costs with the interruption and resumption of activities of the Company under Reorganization]*.
It also informs that the clause of the PRJ that deals with the delivery of ore must be observed of iron belonging to Geralds Metals, under penalty of configuration of non-compliance with the PRJ"
"The order for the sale of iron ore must be granted, being adopted, as a reason fordecide, as stated in the decision on pages 16,544/16,965, item 10, which was maintained by V.Judgment rendered in interlocutory appeal n. 2199480-27.2020.8.26.0000, reported by Judge Pereira Calças:" ....[Quote from appeal]...
"Therefore, I authorize the sale of the recovering company's iron ore stock up to the limit of US$ 10,000,000.00 (ten million US dollars), with a 10% reserve to the Union of Banks, observing theif the procedure suggested by the trustee for proof of expenses and withdrawal of the amount. Int. São Paulo, July 22, 2021."