Posted in: commodities-and-mining
RE: Frontera Archive19 Oct 2019 17:43
Posted by Earsbern on the 15th October :-
PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT Page 2 4847-5320-0296v.1 balance was paid in kind. Moreover, for certain periods, an “Interest Increase Triggering Event” (as defined in the Note) would cause the interest rate to increase by eight percentage (8%) points per annum. 3. The Note was amended by that certain First Amendment to Note Agreement effective as of March 3, 2017; and subsequently amended by that certain Second Amendment to Note Agreement and First Amendment to Global Note effective as of May 26, 2017. Then, on March 30, 2018, Plaintiff, FIC, Nicandros, and Mamulaishvili executed a Third Amendment to the Note, providing for the deferral of certain outstanding interest payments (the “Third Amendment”). See Dkt. No. 1, Ex. B. The Third Amendment deferred the payment of interest for the periods January 1 – March 30, 2018, and April 1 – June 30, 2018, until September 30, 2018 (the “Deferred Interest”). 4. In connection with and as integral part of the Third Amendment, the Deferred Interest was guaranteed to be paid by both Nicandros and Mamulaishvili, who thereby personally guaranteed FIC’s “due and punctual performance” of the Deferred Interest payment; and, in connection therewith, promised to provide, as a continuing security, a total of 500,000,000 Ordinary Shares of Frontera (“Pledged Shares”) owned and/or controlled by them (“Individual Guaranties”). 5. FIC failed to tender the Deferred Interest on September 30, 2018. Following that date, Outrider made demand upon FIC for payment of the Deferred Interest. Under Section 8.1(b) of the Note, the failure of FIC to “pay any interest, fees or expenses or any of its other obligations” under the Note within ten (10) days after such payment is due is an Event of Default. Following such an Event of Default, the Note provides Plaintiff with certain remedies, including but not limited to the right to accelerate the remaining principal balance due under the Note and demand