RE: Arthur must communicate7 Sep 2018 15:53
Again without the dribbling at the end of my 14.34 post apologies:
'I just can’t decide myself which way to read this situation!
It was easier for me Mk as I asked the question on the back of your and R-Dunc's helpful post's on whether the service provider agreement could be concluded without the Essar dispute being resolved and got a definitive answer.
In addition to that the podcasts from Arthur were clearly before they (Shorecan) received the default notice from Essar. I base that upon the answer I got and also that it is extremely unlikely Arthur would be saying two different things openly (I include emails to investors as openly), one that the Service Provider Agreement was imminent and secondly that the Service Provider Agreement would not happen until the dispute was resolved.
So if the notice came after the podcasts, and that would also fit in with a 60 day notice to put things right (I have found various timescales fro 10 days to 60 days although others no doubt exist), then surely the Essar dispute could not be resolved simply by the securing of the finance. If that was true, and this is the key question that has to be answered if you view the reply from the company as you originally did, 'Why escalate to a default notice to get what Shorecan have just said they have got? Shorecan had just received and agreed to a project financing and offtake agreement in the sum of $30m-50m and had also literally just announced that a Service Provider Agreement for $100m was about to be signed within a few weeks? If the dispute was about securing the finance then as partners wouldn't they have simply waited for the four weeks to get what they wanted?
If anyone can answer that question in an alternative manner to how I have perceived it then I would be genuinely grateful.