RE: Hebei1 Aug 2024 17:58
Dennis is a lawyer! You can bet that contract is exactly as he has described. It's also worth noting the financial and operational commitment Hebei have already made to KZG and have also made/are making over the same hill at Swanson, via Arcadia:
https://www.arcadiaminerals.global/investors/asx-announcements/
From latest Interim report: "Swanson Tantalum/ Lithium Project (Swanson) - The Company secured construction funding for the Swanson Project through a subscription agreement with Hebei Construction (Hebei). Hebei is to construct a plant, the necessary infrastructure and conduct the works to execute mine development and the commissioning of a Multi Gravity Separation plant (MGS).
The funding of the construction is to be for a minimum value of US $7 million dollars, which is to be expended by Hebei in return for a 38% equity interest in Orange River Pegmatite (Pty) Ltd, which company is the holder of Mining License 223. Hebei will only earn the interest at consistent production of a Ta2O5 rich concentrate at a recovery grade of no less than 65% from approximately 12,000 tons of feed material per month.
Construction continued to progress during the half year with progress focused on road construction and the finalisation of design work for the water pipeline, power supply line, civil works for the plant and the procurement of processing equipment. Most of the processing equipment, including all long lead items, have already been ordered and are expected to arrive on site from April 2024, with longer lead items such as the spiral circuit and MGS expected to arrive from June 2024. "
Personally, I think Hebei are dragging their feet on the KZG deal while they spend on building scale and infrastructure at Swanson. As ever, these are risky games being played, they may lose, they may win but while they don't have ownership, they do have possession and they may well have calculated that KZG will be unable to sell from underneath them. As I say, risky! As for litigation, it's one thing to talk about it, it's quite another to pay for it. So on the other side of the equation, KZG will be assessing their REALISTIC options. Sell it on regardless of likely legal challenge? Wait until Hebei settle as and when they're ready and willing? Re-negotiate a settlement with Hebei, if they are willing to pay a discounted price now? Just a few of the options as I see them but I'm sure there are more. Personally, I would not want to throw good money at the legal folk, only to then regain responsibility for a mine I wouldn't want to maintain/run if they was any chance of an alternative resolution. I think these matters will be in negotiating stances of both parties. Who will blink first? We'll see!