RE: Labour Court Ruling (very long)25 Jul 2020 11:21
Indeed @Bannor. Seems to me the courts are adamant the ore will ship so that $10m can be realised for the following - the most important from the point of view of the courts likely being payment of labor creditors and dam maintenance and safety!
https://esaj.tjsp.jus.br/cpopg/show.do?processo.codigo=2S000I22C0000&processo.foro=100&processo.numero=1088747-75.2015.8.26.0100
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However, while the Union resolves its differences internally and decides the best way to receive its credit, it is necessary to decide, due to urgency, the request for the sale of iron ore, up to the limit of US $ 10 million, by Recuperanda, with the use of resources for the following purposes (pages 16.908): "(i) payment of labor creditors (USD 2,500,000.00); (ii) beginning of studies to revitalize the Railroad of Amapá, according to the agreement signed with the Government of Amapá (USD 1,000. 000.00) (doc. 01); (iii) investment in dam maintenance and safety (USD 2,000,000.00); (iv) feasability study, so as not to compromise the payment schedule of other creditors (USD 3,000.00.00); and (v) the remaining amount will be allocated to obtaining and renewing licenses for the operation of Recuperanda, payment of court fees and arrears in the port area, payment of current expenses (security, energy, maintenance of the floating platform, lawyers, judicial administrator) and income tax, PIS / COFINS, CSSL and other taxes
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For reference our announcement of this news:
"Amapá Iron Ore Project Given Court Approval to Commence Iron Ore Shipments" (14th Apr 2020)
https://www.lse.co.uk/rns/KDNC/court-approval-to-commence-iron-ore-shipments-lv899dufpruz5g4.html
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The Court ruled that DEV is permitted to export sufficient iron ore to realise a US$10 million profit from the Amapá stockpiles at the port (after the deductions of all logistical, regulatory, shipping and sale costs).
The first of the net revenues from the sale of the stocks shall be used to pay historic small and employee creditors (~US$2.5 m). Thereafter funds will be used to begin recommissioning studies on the asset including plant, railway and port and to start maintenance and monitoring of the current tailing dam facilities (~ US$ 6 m) and provide ongoing working capital and historic finance obligations.
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