RE: AAL/DD2 Jan 2021 09:08
Without wanting to revisit this, again. I'm with small holding.
We all agree the process is at due diligence stage. Thankfully lol.
The bit we are not in agreement on (I believe) is if the exclusivity agreement by default has already gone into an 'extension' as a result of AA entering into the recently announced due diligence stage.
While going into due diligence at this time is an important indicator of the direction of travel, and the likelihood of an extension to the current EA (if required) to discuss a commercial transaction, we simply can not be in an extension. Here is why I say that...
We have to look at this from a black and white perspective. An exclusivity agreement is a legally binding and time bound contract. It is not open ended for a couple of key reasons;
a) so the interested party to a prospective deal negotiates solely with the client (ARCM) for a defined period of time. To give the interested party some protection from another party outbidding them.
b) the client (ARCM) having certainty on the duration of any exclusivity period of the interested party, so that they are able to then talk to other interested parties when the EA period ends. (It can also expedite a decision within a time period which has benefits).
Outling what the point of an EA is is important for two reasons:
1. It highlights and emphasises exclusivity (EA's) are not designed to be an open ended. They are specifically legally time bound contracts for good reason, and
2. It's in our (ARCMs) interests to have an end date to an exclusivity at all times. So we are not endlessly bound to exclusivity to one interested party. It strengthens our hand in any commercial transaction negotiation, something we should all be expecting of NvS and I think we have seen him doing.
So in summary we are in a due diligence phase, within the current 6 months timebound exclusivity agreement.
If after this 6 months and due diligence AA determine they want to progress a commercial transaction (as looks likely), and if this transaction can not be formalised before the current EA ends, then another timebound extension will be put into effect.
That's really it. Has to be.
NvS said in the due diligence rns 'there can be no guarantee that Arc Minerals or any company in its group will complete any commercial transaction in relation to the above.' We would only enter into a further extension to this exclusivity with AA they are seriously going to make an offer. Otherwise NvS will want to be able to force their hand by having the option of competition from other majors.