Glencore SENS13 Jun 2018 07:39
On JSE S. Africa Exchange:
GLN - Settlement of DRC Legal Dispute with G?camines and Agreement for the Resolution of KCC?s Capital Deficiency
Glencore plc
(Incorporated in Jersey under the Companies (Jersey) Law 1991)
(Registration number 107710)
JSE Share Code: GLN
LSE Share Code: GLEN
HKSE Share Code: 805HK
ISIN: JE00B4T3BW64
Baar, Switzerland
12 June, 2018
Katanga Mining announces settlement of DRC Legal Dispute with G?camines and Agreement
for the Resolution of KCC?s Capital Deficiency
Glencore refers to the announcement today by Katanga Mining Limited (?Katanga?) in
which it announced the settlement of the DRC legal dispute with La G?n?rale des
Carri?res et des Mines (?G?camines?) and an agreement for the resolution of the
capital deficiency at Katanga?s 75% owned DRC operating subsidiary Kamoto Copper
Company (?KCC?).
Glencore is pleased that this matter has now been resolved and looks forward to
supporting KCC?s closer partnership with G?camines as the parties work together to
ensure that the Joint Venture reaches its full potential for the benefit of all
stakeholders.
The key highlights of Katanga?s settlement agreement with G?camines are as follows:
- Conversion of US$5.6 billion of KCC?s total debt of approximately US$9 billion
into new KCC equity such that, with retroactive effect as at January 1st, 2018,
KCC has $3.45 billion of debt to KML Group, bearing interest at the lower of
US$ Libor 6 month + 3% and 6% per annum;
- Katanga and G?camines? shareholdings in KCC remain unchanged at 75% and 25%
respectively;
- a one-time payment to G?camines of US$150 million relating to historical
commercial disputes;
- certain amendments to the dividend payment and free cash flow provisions of
KCC including an amortization schedule for the repayment of the residual debt;
- payment of approx. $US 41 million to G?camines in relation to outstanding
expenses incurred as part of an exploration program;
- waiver by KCC of its entitlement (or financial equivalent) to replacement
reserves and associated incurring of drilling costs on Gecamines? behalf,
amounting to US$285 million and US$57 million respectively, and
- withdrawal of all legal action by G?camines.
Other key terms are detailed in the Katanga press release at the following link:
http://www.katangamining.com/media/news-releases/2018.aspx.
The entry of the settlement agreement between Katanga and G?camines constitutes a
smaller related party transaction as defined in Listing Rule 11.1.10 because
G?camines holds more than 10% of the voting rights in a material subsidiary of
Glencore. Accordingly, as a condition precedent to the Settlement Agreement becoming
effective, Glencore must obtain written confirmation from a sponsor that the terms
of the Settlement Agreement with G?camines are fair and reasonable as far as the
shareholders of Glencore are concerned.