From SB on ii24 Dec 2018 18:47
Again unless I am missing something SB who I very much respect is mixing up the earlier attempts to raise money innApril which Hope thwarted.This money was for operational reasons and yes a stipulation of the Mortgage was to do end $10m and Hope May have prevented that.
However this finance is totally separate from the end of Sept loan note interest that caused the default.
The only thing we have not seen is more details is the e mail response to Hope saying FRR are working on it.
I hope they were nit working in a plan to default but hey ho
Actually, the more I read Hope’s emails (page 22) (https://1drv.ms/b/s!Ak7gVwQ3mttlkE-RaaeUFkt5Fr-j 3), demanding the payment of ‘my notes’, the more I am convinced that he was conflicted and putting his own company’s interest ahead of FRR. What’s wrong with that I hear you say? Nothing if he was not a Director oF FRR. Plus, the conventional protocol on non-repayments is by sending formal notice/letter stipulating the breaches in the terms and conditions of the agreement and the course of action a Creditor will be taking. This letter/notice is normally sent by the Legal Team or a Legal Firm rather than sending an unprofessional, informal email. What is also missing from the Pacer is the all important, official Board Minutes which would have been signed off by the Chairman and other Board Members. Now, Hope is saying he has not seen them but the Company’s Articles will define who can sign these off as ‘approved’ and whether majority or unanimous sign off is required (I bet you it will be majority). The fact he says he has not seen them after they were approved is not the Company’s fault; they will be recorded as fact. These minutes will evidence what financing proposals were discussed and why Hope declined them. Incidentally who are JCAM?
What FRR can also prove is that the management brought legit financing offers which would have avoided this scenario but were unfairly declined by Hope. Latest signed offer from the NY Fund as further evidence.
Now, whether the Judge agrees with the above, who knows. But a $56m claim hanging over his and Outriders head, will that risk force him to settle out of court? Well, that depends on what FRR are offering.
Still more drama to come…