additional court feedback30 Jan 2017 17:06
Some notes I took , in order, was hard to hear. Gives some colour.
Plaintiffs argue
- internal loans make no sense other than to avoid project finance and triggering Astor payment
= Judge was quick to say that Atalaya was making sense of the agreement they had, and seemed to dismiss plaintiffs position, but understood why plaintiff was making the argument
Goldman Sachs
<this was interesting> 2008-09 Goldman Sachs had created some complicated investment instrument to sell to the market in order to raise funds / provided financial package to finance Emed to production
- anyway <as we know> this was abandoned
Project Finance
- Plaintiff : It seemed to be always the plan to raise funds via project finance : defendants argue that project finance was unworkable
Societe Generale
- 4 years before equity finance, Soc Gen had made project finance proposal
- Barclays also teemed up with Credit Suisse for $175m proposal
6th Feb 2012
- A shareholder offered $50m
- Plaintiff argues that company received solicitor advice that this shareholder loan would be seen as senior debt and thus trigger the Astor repayment => Judge was not interested in this point, suggesting it was someone's advice the comapny allowed to do as it wants
- plaintiff trying to prove that company took decisions only in order not to trigger Astor payment
Jan22 2013
Internal letter stating interference from Trafigura
- Plaintiff believes that Trafigura most motivated to prevent Astor payment; Trafigura frustrated the process, wanted to take control of the mine, think they said that they had witnesses .
Project finance money
- plaintiffs argued that EMED was looking for too much money
- tried to discuss whole economics of the mine to point out that wanted too much funds, as said was used as a reason for not taking project finance => Judge was not really interested and questioned if necessary to go over everything.
Project finance
- Jan 2014 CFO Leach had term sheet for $200 from banks
- 4th June 2014 Leach had a bank mandate proposal (think said ING)
- argues that project finance was advanced
Trafigura
- concerns that they may have access to internal emails (just after they entered capital)
Trafigura
- meeting Aug 27th 2014
- said would participate in finance , equity or debt with Orion / XGC. Said should not fund by pure project finance.
Mixed facility
- spoke of 125m $ 8 year term + 175 equity
- capex plan was 91 2014, 162 2015 40 2016 (then smaller amounts) ... more than needed
Plaintiff says project finance should have been taken, as the due diligence had been done.
- think suggested that in some of the packages Leach had provisioned a $25m Astor payment
October 2014
- Macquarie bank made a proposal
Nov 2014
- advisor supposedly say don't need project finance . First time this is suggested. says it was coming from Trafigura.
Dec 2014
Emergency board meeting to take bridge loan (rater than projec