RE: Inquiring4 Sep 2020 21:20
Just back from lunch, some really good points raised by all. Just to cover one of the questions raised by Extrader:
At the risk of starting another hare, when you write .."My question now is whether the approximate loan received in consideration for the shares matches the value of the shares purchased by AZ recently.."Which shares do you mean ?It would be odd for AZ to use borrowed funds to buy shares in SYME when the 29/7 RNS said that 1AF2 intended (if allowed) to use the same funds to participate in one or other of the structured fundings (where AZ said there'd been a requirement to cover 'first loss'' risk)."
Yes, you are technically correct. My apologies, it would indeed be 1AF2. When I refer to AZ I meant in his capacity as the economic owner/founder of 1AF2 (which I presume he is). By all accounts I would expect 1AF2 to be owned by an offshore Trust of which he is the settlor/owner. That's usually how these types of structures are set up. Either way, he is the owner of the wealth so from a marco-analysis perspective my theory has legs. The shares were collateralized, the funds paid to 1AF2, who will in turn inject those funds into SYME (in one way or another).
The article concerning Quindell is interesting and by all accounts such margin call provisions could be included in the pledge agreement. The article makes it clear that the agreement was a "sale and re-purchase", whilst that is similar to a pledge, it is not a pledge. Pledges are floating and require certain events to crystalize into real ownership or an actionable right. We will never know as we will never see the pledge agreement.
On other note, the margin call was on the directors in their personal capacity not the company and they decided not to honor the margin call. If such a margin call was included in the pledge agreement the share price would have to tumble towards their LTV offering. The websites (or one of them) say that they offer around 45-65 % LTV. That actually gives me comfort, that an independent business has granted a loan believing that the share price has a low risk of dropping to 45-65% from its current value. If there is a margin call provision in the agreement the share price would have to tumble to a certain LVT to trigger it. If it is triggered I would imagine that we would see 1AF2 selling some un-pledged shares to generate the cash to meet the margin or transferring more un-pledged shares in SYME to the lender (if it has any of course). Failing that the lender would take ownership and then becomes an investor, just like us. Although it's not an ideal situation.
Great discussion all, hope you have a lovely weekend.