RE: A delay2 Dec 2018 13:24
Dated: 03 July 2018
The SDA is inter alia conditional upon the following requirements to be met:
· Both Parties obtaining all approvals in their relevant jurisdictions to enter into the SDA;
· SEPCOIII completing a due diligence investigation on Kibo and its project portfolio as required by SEPCOIII internal procedures;
· Both parties agreeing on the final percentage and issue price for the shares that will be purchased in consideration for Direct Equity Investment 1;
· SEPCOIII completing Direct Equity Investment 1; and
· The meeting of all conditions by 30 September 2018, unless the parties have mutually extended or waived this requirement.
Typical termination provisions are included in the SDA, such as breach, commercial viability and changes to the political landscape, with SEPCOII to prioritise any exit of Kibo equity at prices not lower than the free market price.
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