RE: ESIA12 Aug 2022 21:54
Good question, Westie.
I think it would be disclosable because it would go to value. If the company already knew that it could not obtain an ESIA without completing its works slated to take until October, then it would already be in prospective default of its strategic investment deal, because it could not meet the draw down requirements of being fully funded and permitted by 30 September. Value would be affected because the last CLN guidance would be unlikely to be met (that the CLNs would convert early avoiding material interest) and because the value of the strategic investment entitlement would be known to be only the ~£6m already received and no longer the further ~£40m because that would already known to be unobtainable on the current contract terms.
The value of the strategic investment deal would be affected and I think that information would substantially affect purchasing decision the share price and so require RNS.
Assuming, then, that none of that exists and they're in a deal negotiation and subject to an nda preventing disclosure of either the negotiation or the nda, that leaves two conundrums:
1) it leaves the company vulnerable because if OCP simply drags its heels and 30 Sept passes without proper transparent explanation, the share price could fall and OCP benefit in any JV or other deal that uses the company's value as a pricing measure; and
2) it still wouldn't clearly explain why Graham keeps appearing to mismanage expectations by intimating variations on the ESIA appearing 'soon' in some shape or form (the Midas column lady's impression, for example). It could be that he has perpetually thought the whole deal would close soon and unlock everything, but that has its own challenges because it would mean that he's thought that for a year or so and that would itself suggest the company had little bargain power or control. Also that the market change was no catalyst, which wouldn't add up much either.
Shades of this may feature but I suspect there's something I'm missing as to why the business doesn't feel able to say more or show its progress in the way it sis before.