RE: Page 19 to get you all orgasmic with delight10 Sep 2020 11:15
Of course the FNV deal is going ahead... look in the NSR agreement itself, it already envisages that there could be delays in satisfying the site visit condition. Check the proviso below... in any event within 60 days of the termination of all travel restrictions and the lifting of Canadian and Australian travel advisories. Ecuador is still under a state of emergency and Canada and Australia are still advising against all but essential travel. Therefore it is still within the envisaged timeline of the NSR agreement for completing the confirmatory due diligence. I don't take the fact the deal hasn't been finalised as meaning that it isn't happening.
In the case of the condition set forth in Section 7.4(c), the Holder shall take all commercially
reasonable steps to complete its confirmatory due diligence within 30 days, and in any event
within 60 days, from the earlier of (a) the termination of all COVID-19 travel restrictions
between Canada and Ecuador and Australia and Ecuador, removal of Canadian, Ecuadorian and
Australian public health authority travel advisories and termination of the mobility restrictions
ordered by Ecuadorean authorities through the State of Emergency Decree (Estado de
Excepción) dated March 16, 2020; and (b) completion of the Holder’s site visit(s) referred to in
the sentences below; provided that free access to the Property and the other areas referred to in
Section 7.4(c) is available to the Holder and its representatives and consultants (the last day of
such 60-day period being, the “Diligence Completion Date”). In connection with the Holder’s
confirmatory due diligence and with the intention of expediting same, prior to the lifting of the
restrictions referred to above, the SolGold Parties shall use commercially reasonable efforts (and
the Holder shall reasonably cooperate therewith) to arrange transportation solutions, at the
expense of the SolGold Parties (provided however if all conditions set forth in Section 7.4 are
not satisfied or waived by the Holder and the Closing does not occur then such expenses shall be
at the expense of the Holder), to facilitate the Holder’s travel to and within Ecuador and to
facilitate access to the Property (including providing appropriate health and safety measures to
address to the satisfaction of the Holder the risks of COVID-19 to the personnel of the Holder
and its representatives and consultants). If such travel and mobility restrictions continue for an
extended period of time, the Holder shall, without limiting the foregoing and Section 7.4(c), use
its commercially reasonable efforts to advance its due diligence review using resources which
are already in Ecuador or other reasonably available means.