RE: CUDA's situation30 Oct 2021 18:21
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I also imagine the respective parties would have entered into Non Disclosure Agreements which is usual in these cases. So although AM was officially gagged let's look at some of the indicators and see if it all fits.
AM said he would issue regular updates and he hasn’t. Perhaps this is because he was advised he shouldn’t given the NDA in place.
If you listen to the IG interview in the middle of September you’ll hear AM confirm that COPL are currently working on the acquisition of further WI. How could he have said that if he wasn’t a recipient of CUDA’s Letter of Intent? I believe he couldn’t.
In the same interview you’ll notcice AM didn’t name the owner of the additional WI. In my view he couldn’t even though it was obvious because of the NDA.
Linked to COPL’s interest in acquiring CUDA’s share of the Wyoming fields, we have Southwestern (COPL’s Affiliate) running two claims against CUDA in the state’s courts. It’s quite possible that COPL instigated it’s claims through Southwestern at around the same time as submitting it’s offer to buy CUDA’s Working Interest. I believe the timing of the two claims would have been by design to apply maximum pressure on CUDA to sell to COPL. I very much doubt they’re coincidental as the timing by AM looks perfect. The two claims I’m referring to are are ;-
On July 8, 2021 Southwestern filed a Statutory Lien in Wyoming against Cuda's interest in Barron Flats Unit in the amount of US$1,929,746.48. This amount represents the cumulative operating arrears of Cuda for the month ending May 31, 2021.
A payment may have been made against the principal of this claim. However further payments will have been falling due from May 31 along with fees and interest. It’s doubtful they have been met otherwise we wouldn't be seeing the following additional claim.
On July 26, 2021 Southwestern filed a second claim against CUDA, Bridging, and Tallinn as defendants for a judicial foreclosure order against the defendants including an award of damages for breach of contract, a quantum meruit or unjust enrichment judgment and damages for a breach of promissory estoppel.
This claim further extended to a declaratory judgment as to the lien priority against Bridging and Tallinn to affirm Southwestern's first lien priority on CUDA's security against the Barron Flats Unit. CUDA received a copy of this claim on July 27, 2021 and subsequently accepted service of it on August 12, 2021.