RE: Denarius RI22 Jan 2023 18:24
Because we are now in the 'Option Agreement' period Bricks. They get the 51% when they fulfil their commitments of the Option Agreement, only then can they exercise Option 1 for 51%.
"Denarius will advance the US$4,000,000 by way of a loan (the "Loan") to EMI (the "First Option Expenditure") and on satisfaction of all of the conditions of the First Option, Denarius shall be entitled to capitalise the Loan up to the amount of the First Option Expenditure for the issue to it of 51 per cent. of the shares in EMI. In the event that the First Option is not exercised, Denarius shall be required to assign the loan to Europa Metals for US$1".
Similarly the board of EMI only becomes 3-1 on the exercising of Option 1"
"On exercise of the First Option, the parties shall also enter into a joint venture agreement (the "JV Agreement") and a shareholders' agreement (the "Shareholders' Agreement"). The JV Agreement sets out the terms of the appointment of the management committee to be established (the "Management Committee") to determine the overall policies, objectives, procedures and actions in respect of the joint venture as regards its business including the Toral Project (the "Joint Venture"). The Management Committee shall initially consist of three representatives appointed by Denarius and one representative appointed by the Company. The board of directors of EMI shall reflect the decisions of the Management Committee in all respects".
- This isn't the deal I had envisaged at the top end of my expectations but I think MC, EK & DS have been somewhat cannier in negotiating this than we initially gave them credit for. I think we hear this week if Denarius' RI has been successful and it will be interesting to see who's backed them, hopefully with the deal on a firmer financial footing sentiment will start turning.