RE: Completion of private placement31 Oct 2024 10:37
I haven’t posted here in some time, but with news on the first arbitration potentially imminent and Zengas’ posts yesterday, there’s finally something substantial to discuss.
I agree with one of the key points Zengas that has raised. He’s correct that companies rarely receive the full amount they seek in arbitration. However, his suggested recovery range of 25%-33% of the claim seems overly conservative.
If we examine Rockhopper’s claim against Italy for the Ombrina Mare project, they initially requested €275 million and ultimately secured €190 million plus interest after arbitration – approximately 70% of the claimed value, considerably higher than the 25%-30% Zengas referenced.
Further, Rockhopper’s approach to monetising their award shows the financial benefits of structured settlements. They arranged with a specialist fund to receive €45 million up-front (though €30 million of this was allocated to their arbitration legal funder). They have also secured agreement for a second payment of €65 million (once the annulment situation is finalised) along with a third payment of 20% of the remaining €80 million plus interest, minus 200% of the funder’s recovery costs. In essence, they were able to capitalise on around €120 million, or 65% of the award’s value, by the sale of the debt to a third-party agent.
It is also worth noting that the interest in these cases can be very significant often up to 9% which would mean that the value of the award is increasing by almost €20 million a year.
Taking a conservative approach, if Zenith were to receive 50% of its current $503 million claims, that would equate to a compensation of $250 million. Following Rockhopper’s strategy with a specialist fund could yield approximately €160 million in immediate cash; if Zenith secured the same 70% as Rockhopper, this would rise to around €225 million. These are significant figures.
Even if we consider Zengas’s lowest projection of 25%, an award would still amount to €125 million, with a potential up-front payment of approximately $80 million – over ten times Zenith’s current market capitalisation.
Regarding Zenith’s debt obligations, while they are relatively large compared to the company’s current valuation, they are minimal in relation to the potential compensation Zenith may secure. I do agree with Zengas’s observation that market reaction remains muted due to the uncertainty around a favourable award outcome. This is why the outcome of the initial $6.5 million case, including damages and interest, is crucial; a successful result here could serve as a compelling indicator to the market that Zenith’s larger claims also have a strong likelihood of success.