RE: take a seat11 Jul 2017 22:00
Here's a summary of the jv position between Botswana metals and BCL
Under the Farm-in Joint Venture Agreement if a party becomes insolvent (including being placed in provisional liquidation) then:
(a) during the earning period (until a party has formally earned its interest) the solvent party may terminate the farm-in by notice to the insolvent party;
(b) if a participant has earned its interest then:
(i) the solvent party may compulsorily acquire the
interest of the insolvent party at an agreed price or, if a price cannot be agreed, at a price recommended by a qualified person as the fair market value of the interest; or
(ii) if there is no acquisition of the insolvent party’s interest, the joint venture can be terminated and the assets are to be realised and the net proceeds, after paying any liabilities of the joint venture, are to be distributed to the participants in proportion to their interests.
It seems that BCL has earned its interest and so (b) applies. Looks like a question as to whether a price can be agreed or whether a qualified person needs to be appointed to decide.