RE: Follow on from Webcast15 Sep 2025 11:01
The Wolfram Offtake Agreement is conditional upon Drakelands Restoration having entered into committed funding facilities for amounts sufficient to develop the Mine operation to a capacity of at least 110 per cent. of all committed long-term offtake agreements by 31 March 2022 or any later date agreed by Wolfram Bergbau and Drakelands Restoration. In such case, should the parties be unable to agree on a later date, Wolfram Bergbau may terminate the Wolfram Offtake Agreement by written notice to Drakelands Restoration unilaterally with immediate effect. Wolfram Bergbau may also terminate the Wolfram Offtake Agreement with immediate effect by notice in writing to Drakelands Restoration if (i) specified project milestones are missed and Drakelands Restoration cannot reasonably demonstrate that mitigation efforts are being implemented that ensure that the Mine is reaching a capacity of at least 125 per cent. of the then committed offtake agreements by 31 December 2023; (ii) Drakelands Restoration fails to deliver the Wolfram Contracted Quarterly Quantity minus an additional allowance of 20t WO3 in Concentrate for two consecutive quarters; (iii) a material breach of this agreement by Drakelands Restoration occurs, which is either not capable of remedy or, if capable of remedy, has not been remedied within 45 days of Drakelands Restoration receiving notice of such breach from Wolfram Bergbau; or (iv) a direct competitor of Wolfram Bergbau obtains a stake of more than 49.99 per cent. of the project or Drakelands Restoration, directly or by way of assignment.
Drakelands Restoration may terminate the Wolfram Offtake Agreement if any of the following events occurs and is continuing in relation to Wolfram Bergbau, upon written notice to Wolfram Bergbau: (i) a breach of any payment obligation of Wolfram Bergbau under the Wolfram Offtake Agreement involving an amount in excess of US$500,000 which is not in dispute between Wolfram Bergbau and Drakelands Restoration and which has not been so remedied within fifteen
Business Days of Wolfram Bergbau receiving notice of such breach from Drakelands Restoration and which identifies that breach as potentially giving rise to a right in Drakelands Restoration to terminate the Wolfram Offtake Agreement; (ii) a material breach of the Wolfram Offtake Agreement by Wolfram Bergbau occurs which is either not capable of remedy or of capable of remedy has not been remedied within 30 days of Wolfram Bergbau receiving notice of such breach from Drakelands Restoration; or (iii) Wolfram Bergbau is the subject of receivership, administration, liquidation, or bankruptcy or subject to any other form of insolvency proceedings or analogous proceedings in any applicable jurisdiction..