Aftan Sale Agreement4 Sep 2024 10:27
How do you take a Chinese company to court?
Kazera Global plc, the AIM-quoted investment company, announces that it has instructed legal counsel to commence proceedings to enforce the terms of the agreement concerning the sale of its 100% interest in African Tantalum (Proprietary) Limited ("Aftan") to Hebei Xinjian Construction ("Xinjian"), as announced in an RNS on 20 December 2022 (the "Sale Agreement").
Under the terms of the Sale Agreement, Xinjian was legally obligated to pay Kazera cash consideration of US$13.0 million for the purchase of all shares and associated loans in Aftan. Kazera retained the right to receive a debenture payment equivalent to 2.5% of gross sales of produced Lithium & Tantalum for the life of the mine and retained 100% ownership of the shares in Aftan until full payment for both the loan and the share sale was received. Payment in full was due to have been made by the end of 2023.
Despite multiple demands and various undertakings from Xinjian, the outstanding payments remain unsettled, resulting in a breach of the Sale Agreement. Xinjian currently owes the Company approximately US$9.5 million comprising the unpaid capital, outstanding shareholders' loans, and accrued interest. Kazera has now set a final deadline of 23 September 2024 for Xinjian to settle this debt in full.