RE: Phase 2 failure?4 May 2023 21:35
Breaktwister - I'm no expert, but have been thinking and asking similar questions to yourself. What I know from general experience is that this kind of hardballing by the major, IF that is what is happening, is not uncommon I don't think. A recent experience of it was in ORR, and its JV with IAG. I recall interviews where the ORR CEO commented on IAG's strategy of playing the slow game over that JV asset, or in declaring a MRE on it, because that is what suited IAG, and not ORR. In doing so, he also commented on the fact that he wasn't the CEO when the JV was agreed by ORR. And even though he said that, one year when IAG failed to meet its phased expenditure requirements, ORR rolled over to that - financially it had little choice.
This does illustrate that the terms of the JV agreement are paramount in either enabling the junior to deal with any hardballing situation, or disabling them from doing so. Problem can be that the juniors are so excited and desperate to do these JVs in the first place, that they may be overlook the need to put safeguards and anti hardballing measures into them?
In the case of ORR, the JV provided that if the IAG choose not to move through the phases and increase its stake, then future exploration and development costs from that point become the joint responsibility of IAG and ORR (each to pay in accordance with their % ownership of the asset). And if either party fails to meet its expenditure requirements, it will be diluted out gradually, and left with a NSR at the end. ORR can't afford a pot to [you know what], so IAG are in the driving seat. All imo