Symore on ii4 May 2019 07:58
Symore’s thoughts from ii this morning:
“Fozz, not sure if this comment is correct “…Durham does not seem to be in play as I assume this was the “failed attempt” at raising finance in Nov 18”.
One of the last operational RNS released by FRR was on the 12 December telling us the signing of the non-binding term sheet. Plus we know that as part of their due diligence, there was a site visit conducted at B12 back in mid-January. Anyway who knows what is going on the financing side but we must remember that Hope has been excluded from Important commercial discussions since at least Sept 2018. Infact recall he was not even aware that the company had executed NDAs with BP and BHGE and only found out when the RNS was released. So, the point is how accurate is his deposition? Finally, while all the muck is being thrown around, did Hope’s submission to the court address the core issue of breach in his fiduciary duties as an independent Director of FRR, because that is what the case is about? Get a feeling a lot of the evidence is being held back which was subsequently revealed to Judge Kawaley that swayed his opinion as reflected in the second judgment.
As far as the Cayman case is concerned, if the case has been withdrawn as Hope’s legal team claim then why has this not shown up on official records? Hopes team has lied before and will lie again. Or perhaps FRR feel that with a Jury trial plus the strict regulatory regime, there stand a better chance in the US. But still need to official Cayman records.
I’ve had difficulties down loading some of the Cali dox but would appreciate if someone could give a frank opinion on whether the response from Hope’s lawyers addresses the principle charge of breach in his fiduciary duties, namely rejecting financing proposals which would have paid creditors, market interference such as trying to influence the NOMAD or forward naked selling shares via YA. I do recall around 800m shares being sold leading up to late October, which we highlighted/discussed at that time.
Legally, it can go either way as we are privy to scant info, but I sincerely pray that there is a standby financing in place in case it is needed.
JMO”