RE: Timeframes don't make sense anymore!4 Mar 2022 10:32
Steve4077 - We need to think about the policy intent when the contract/clause was written.
Surely, the sole purpose of attaching time restraints to the buy-back process is to stop AA being able to indefinitely delay another company (the existing owner of Bushranger) from selling it or developing it into a mine? The clause is not there to force a cheap sale back to AA before the owner can prove up more than 2mt of contained Cu.
So, assuming the lawyers engaged knew what they were doing, yes, you would set a time limit for AA responding to an invite from the owner of Bushranger to take part in buy-back negotiation on the basis 2+mt of contained Cu has been discovered. However, I do not believe there will be any time limit placed on the owner of Bushranger for making this invite (once 2mt is discovered) or providing the evidence for AA to do its' due diligence or for an independent valuation to take place... it is simply unreasonable not to allow the owner the opportunity to finish quantifying the size of the asset that is for sale.
Even if AA did have a cunning plan all along to shaft the new owner by forcing a sale as soon as they reach 2mt, I do not believe the lawyers/exec's would have missed that the company could potentially avoid this by pretending not to have 2mt until they have finished sizing the asset. Sorry, but it is all too far fetched for me.
Another thing I find hard to believe (which CB has said) is that XTR could choose to reject an independent valuation. I find it hard to believe that this would not be binding on the seller (what is the point of the buy back clause if it isn't?) and suspect this would need to be fought through the courts if AA dug their heels in.
I suppose time will tell.