AVZ Discussion 2022

[Samus]

The North

DRC GOV 60% / AJN 40%

If this was the case why did the MoM cancel the split?

Yeah I don't buy it either.
My hope is that the decree for the north has been revoked because it wasn't legal in line with the DRC Mining code to split the tenement in the first place. And that it's the full tenement of 13359 where some compromise will need to be made. At this point it'd be nice to see some of the IGF investigation come into play but not to the point where even our 60% comes under threat.
It's a sticky situation.

That they've blamed the split on dathcom is interesting though, Nigel said at the roadshow that they were basically tricked into this outcome. Once again it feels like we've been outmanoeuvred by JFMK, the corrupt pollies and the Chinese. Now set in writing effectively against AVZ in a ministerial decree. AVZ was stupid enough to agree and sign (as Nigel retains his AJN shares )
Fucking BoD better get their shit together. This corrupted union appears to have the upper hand with the DRC appearing to back their corrupted little state entity in cominière despite the arrests of the management and the damning igf report.

 

[Charbella]

Yeah I don't buy it either.
My hope is that the decree for the north has been revoked because it wasn't legal in line with the DRC Mining code to split the tenement in the first place. And that it's the full tenement of 13359 where some compromise will need to be made. At this point it'd be nice to see some of the IGF investigation come into play but not to the point where even our 60% comes under threat.
It's a sticky situation.

That they've blamed the split on dathcom is interesting though, Nigel said at the roadshow that they were basically tricked into this outcome. Once again it feels like we've been outmanoeuvred by JFMK, the corrupt pollies and the Chinese. Now set in writing effectively against AVZ in a ministerial decree. AVZ was stupid enough to agree and sign (as Nigel retains his AJN shares )
Fucking BoD better get their shit together. This corrupted union appears to have the upper hand with the DRC appearing to back their corrupted little state entity in cominière despite the arrests of the management and the damning igf report.

The waiver to split the northern section was agreed based on coming back to us as a research permit as per the decree. Not to be taken off us completely.

 

[Carlos Danger]

Why bye bye Nigel if we accept 60% ? He will need to flick AJN .

Maybe you're right. But how could he sell his AJN shares before a hypothetical deal was announced without it being insider trading?

If Nigel sells his AJN shares for a profit and AVZ lose the north then he would have a clear conflict of interest imo. And I would presume that AJN's shares would do well if they got 40% of CDL. So when does he sell without breaking the law or making money from fucking over AVZ shareholders?

This is why he should have sold his AJN shares when he resigned from their board. I've said that all along. He's now got himself into a catch 22 imo

Think about the 'journalism' we have seen this week from the AFR. It is all directed at Nigel. The story about Marius Mihigo was angled on how the bod were alarmed about Nigel's plan to pay him the bonus. The latest article is titled 'A Tasmanian geologist's fortune imploded in the Congo' and is mainly focused on statements Nigel has made.

This isn't a mistake. The people feeding Tommy recognise Nigel is the biggest obstacle to them gaining control of Manono long term. They have now worked out a way to make sure Nigel is gone from the project no matter what imo. They are using classic propaganda techniques to turn shareholders against Nigel to support the bod accepting this type of deal while achieving their business and geopolitical goals. Bernays would be proud.

 

[Samus]

The waiver to split the northern section was agreed based on coming back to us as a research permit as per the decree. Not to be taken off us completely.

I believe we still haven't seen this original decree in its entirety yet? Unless I've missed it.

 

[Carlos Danger]

I believe we still haven't seen this original decree in its entirety yet? Unless I've missed it.

 

[Thaz]

Maybe you're right. But how could he sell his AJN shares before a hypothetical deal was announced without it being insider trading?

If Nigel sells his AJN shares for a profit and AVZ lose the north then he would have a clear conflict of interest imo. And I would presume that AJN's shares would do well if they got 40% of CDL. So when does he sell without breaking the law or making money from fucking over AVZ shareholders?

This is why he should have sold his AJN shares when he resigned from their board. I've said that all along. He's now got himself into a catch 22 imo

Think about the 'journalism' we have seen this week from the AFR. It is all directed at Nigel. The story about Marius Mihigo was angled on how the bod were alarmed about Nigel's plan to pay him the bonus. The latest article is titled 'A Tasmanian geologist's fortune imploded in the Congo' and is mainly focused on statements Nigel has made.

This isn't a mistake. The people feeding Tommy recognise Nigel is the biggest obstacle to them gaining control of Manono long term. They have now worked out a way to make sure Nigel is gone from the project no matter what imo. They are using classic propaganda techniques to turn shareholders against Nigel to support the bod accepting this type of deal while achieving their business and geopolitical goals. Bernays would be proud.

One way forward for Nigel would be to do an off market transfer using the value in the date he ceased to be a director.

Sure, for tax purposes it'll result in an adverse situation ( market value substitution rule).

But it'll help get out of this

 

[BenGriffo]

Alternatively, NF could transfer/sell his AJN equity to AVZ. That would be a decent gift and hedge for all AVZ sh.

 

[BRICK]

Maybe you're right. But how could he sell his AJN shares before a hypothetical deal was announced without it being insider trading?

If Nigel sells his AJN shares for a profit and AVZ lose the north then he would have a clear conflict of interest imo. And I would presume that AJN's shares would do well if they got 40% of CDL. So when does he sell without breaking the law or making money from fucking over AVZ shareholders?

This is why he should have sold his AJN shares when he resigned from their board. I've said that all along. He's now got himself into a catch 22 imo

Think about the 'journalism' we have seen this week from the AFR. It is all directed at Nigel. The story about Marius Mihigo was angled on how the bod were alarmed about Nigel's plan to pay him the bonus. The latest article is titled 'A Tasmanian geologist's fortune imploded in the Congo' and is mainly focused on statements Nigel has made.

This isn't a mistake. The people feeding Tommy recognise Nigel is the biggest obstacle to them gaining control of Manono long term. They have now worked out a way to make sure Nigel is gone from the project no matter what imo. They are using classic propaganda techniques to turn shareholders against Nigel to support the bod accepting this type of deal while achieving their business and geopolitical goals. Bernays would be proud.

You think one of the board might be the rat?

 

[Charbella]

View attachment 29286
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This decree says we have abandoned the northern section, nothing about coming back to us as a research permit. Did I miss something?

 

[Samus]

View attachment 29286
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Which part of the document specifies that we retain the exploration rights?
Legal documents aren't my forte.

 

[Carlos Danger]

One way forward for Nigel would be to do an off market transfer using the value in the date he ceased to be a director.

Sure, for tax purposes it'll result in an adverse situation ( market value substitution rule).

But it'll help get out of this

Alternatively, NF could transfer/sell his AJN equity to AVZ. That would be a decent gift and hedge for all AVZ sh.

That may or may not appease AVZ shareholders but Cominiere also cited Nigel's AJN holdings in their claims. I think the offer to the bod will be it has to continue without Nigel on our terms or it's sell / ICC. I'm basing this on the media attention he has gotten compared to other bod members this week and could obviously be wrong.

As it stands Dathcom own all of PR13359 and there are a lot of different ways this can go. But I think the AFR actually may have had a good point when they said:

'Ferguson could become as important a figure in the global mining industry as Andrew Forrest or Gina Rinehart. First, though, he will have to beat the Chinese in Kinshasa.'

Or maybe I'm just reading between the lines

 

[Winenut]

The waiver to split the northern section was agreed based on coming back to us as a research permit as per the decree. Not to be taken off us completely.

Well ....that's what Nigel was told and what he believed to be the case

 

[Carlos Danger]

Which part of the document specifies that we retain the exploration rights?
Legal documents aren't my forte.
View attachment 29290

This decree is now cancelled so it is no longer in effect. Therefore, Dathcom currently own the entire tenement as a PR again. However, the legal justification for the split and Dathcom's partial waiver of the tenement remain enforceable in a possible new ministerial decree seizing the north imo

 

[Charbella]

Well ....that's what Nigel was told and what he believed to be the case

Decree No. 80 issued on 07/04/2022 clearly stating otherwise, saying we have abandoned the northern section. Now coming back to us? Isn’t this good news.

 

[Samus]

Well ....that's what Nigel was told and what he believed to be the case

But didn't do proper DD on the documents before releasing to the ASX?

So we're back to management were tricked into splitting the tenement under false pretenses.
Or let's just put it out there given Nigel's near 10% holding in AJN that this appears like it could have been something that benefited both companies which isn't a good look no matter which way you slice it, innocent or not.

Still looks like seriously outplayed to me.

 

[Samus]

This decree is now cancelled so it is no longer in effect. Therefore, Dathcom currently own the entire tenement as a PR again. However, the legal justification for the split and Dathcom's partial waiver of the tenement remain enforceable in a possible new ministerial decree seizing the north imo

Why did we release that to the ASX is the point?

"An area which was excluded under the Ministerial Decree to award the Mining Licence, will be renewed under a 5-year Exploration Licence to Dathcom, with discussions regarding the terms of the ongoing joint venture under discussion with the DRC Government"

Based on the decree we've now seen, I'm confused.

 

[John25]

Well done SH’s …..1200 pages most whilst in suspension …watch us go when we’re back

 

[Chilla]

Why did we release that to the ASX is the point?

"An area which was excluded under the Ministerial Decree to award the Mining Licence, will be renewed under a 5-year Exploration Licence to Dathcom, with discussions regarding the terms of the ongoing joint venture under discussion with the DRC Government"

Based on the decree we've now seen, I'm confused.

"An area which was excluded under the Ministerial Decree to award the Mining Licence, will be renewed under a 5-year Exploration Licence to Dathcom, with discussions regarding the terms of the ongoing joint venture under discussion with the DRC Government"

Nige is relying on some document paper trail with mines dept that states Dathcom would get 5yr renewal on northern section is my understanding and why the announcement made that statement.

 

[Charbella]

"An area which was excluded under the Ministerial Decree to award the Mining Licence, will be renewed under a 5-year Exploration Licence to Dathcom, with discussions regarding the terms of the ongoing joint venture under discussion with the DRC Government"

Nige is relying on some document paper trail with mines dept that states Dathcom would get 5yr renewal on northern section is my understanding and why the announcement made that statement.

Hi Chilla, essentially we got tricked into signing the waiver to abandon the northern section. Now they have cancelled the waiver. Do you view this as a positive for AVZ?

 

[Carlos Danger]

"An area which was excluded under the Ministerial Decree to award the Mining Licence, will be renewed under a 5-year Exploration Licence to Dathcom, with discussions regarding the terms of the ongoing joint venture under discussion with the DRC Government"

Nige is relying on some document paper trail with mines dept that states Dathcom would get 5yr renewal on northern section is my understanding and why the announcement made that statement.

Yeah that's what I thought was the situation too. Which would make it harder for them to just give it to someone else as the initial decree stood which only says Dathcom renounced the north with no specifics as to what happens to it.

By cancelling the initial partial waiver decree the MoM can potentially issue a new one explicitly seizing the north using Dathcom's waiver and the delays as justification. Again I don't think this will hold up at the ICC but if the AVZ bod don't accept it's either sell or they will seize it all imo