AVZ Discussion 2022

[Xerof]

Just a snippet I gleaned from one of der giest's posts quite some time ago, was that DATHCOM held an EGM, (may have had something to do with the JV with CATH, not sure exactly) and Z were present, but "only as a guest"

So AVZ have been treating Z with distain for quite some time. I also trust their legal advice on the shareholder agreement terms is rock solid. They clearly think it is

 

[Sammy_da_Smile]

The fact is we don’t know the facts. That’s the problem!!

Haha yeh true!

 

[Xerof]

Does anyone happen to have a copy the Dathcom shareholders agreement? Assuming as with other jurisdictions a shareholders agreement can add additional terms and conditions around the Corporations ACT, but not ignore it. e.g. Share Classes and several other items can be detailed in a shareholders agreement in much greater detail. It should be pretty easy to ascertain and conditions around the pre-emptive rights. This may all boil down to the legitimacy of the shareholders agreement vs the Corporation act.

Of course, reading extracts of either without the entire document/s for context is only giving a portion of the story.

AVZ lawyers would have a serious case of gross negligence to answer if the advice provided to AVZ was inaccurate.

For AVZ to ignore requests for a Dathcom shareholders meeting or ignore Z without good cause would also place AVZ and its management in the firing line for a significant shareholder driven class action.

Having said all that, I find it highly unlikely the advice provided to AVZ from its well-paid lawyers would be inaccurate, in fact it is almost inconceivable that this contentious point around calling or holding a shareholders meeting has not been the absolute main focus of legal advice for months.

When I first read the highlights of this one page, I was concerned, then after considering how simple or straightforward the point of contention is, I felt the matter may not be as complex as previously thought.

Other items that have appear to have transpired like the part payment by Z for the 15%, shows lack of confidence or some uncertainty in the 15% transaction / purchase, the seemingly discounted price of the 15% that is causing an uproar locally, (no doubt other monies under the table, but still) and no high level of Government backing of Z on this claim, and considering the high level meeting between CATH and Felix and friends, certainly questions around the involvement by Z would have been asked and answered. (unless the issue with Z transpired post CATH and Felix meeting)

As I mentioned previously, AVZ is at a point / time of weakness for such claims by Z considering the timing of all this, everyday lost now causes AVZ to lose or delay millions of dollars of future revenues with ongoing delays in building out Manono. ASX Market sentiment gets trashed, and CATH is likely considering their position.

Arbitration taking up to 2 years based on the recent example is concerning. Assuming AVZ engage, yet this could be only the first attempt by Z to secure or have its position recognised. They would have multiple legal options across numerous courts and jurisdictions I would have thought.

As others have said, the quick answer to all of this is Felix and friends stepping in, maybe they are, maybe they are not. You would think it is in the interest of Felix and friends to swiftly sort this out.

In summary, this claim by Z at this time is not unlike an attempt to blackmail yet certainly ambush AVZ for some kind of outcome in Z’s favour, otherwise there could be years of litigation. I don’t buy into the Dathomir issue and the other 15% in contention, they are just jumping on the bandwagon to support Z and make AVZ look worse in the current issue.

So unless I’ve missed something, it all comes down to whether Felix and friends weigh in quickly and resolve at the highest level or AVZ negotiates an outcome with Z and then CATH respectively. IMO its more likely AVZ have done nothing wrong, yet unfortunately now need to navigate the games and wrong doings of others in the best interests of AVZ shareholders.


Cheers The Fox

Tendoji shared a copy of 'a document' on HC, here:

HotCrapper

Just a dried up old turd.

hotcrapper.com.au

shit, how did that change to hotcrapper? lol, zeeb0t

Anyway, there's a thread with it at the top at the dry old turd site

 

[cruiser51]

Does anyone happen to have a copy the Dathcom shareholders agreement? Assuming as with other jurisdictions a shareholders agreement can add additional terms and conditions around the Corporations ACT, but not ignore it. e.g. Share Classes and several other items can be detailed in a shareholders agreement in much greater detail. It should be pretty easy to ascertain and conditions around the pre-emptive rights. This may all boil down to the legitimacy of the shareholders agreement vs the Corporation act.

Of course, reading extracts of either without the entire document/s for context is only giving a portion of the story.

AVZ lawyers would have a serious case of gross negligence to answer if the advice provided to AVZ was inaccurate.

For AVZ to ignore requests for a Dathcom shareholders meeting or ignore Z without good cause would also place AVZ and its management in the firing line for a significant shareholder driven class action.

Having said all that, I find it highly unlikely the advice provided to AVZ from its well-paid lawyers would be inaccurate, in fact it is almost inconceivable that this contentious point around calling or holding a shareholders meeting has not been the absolute main focus of legal advice for months.

When I first read the highlights of this one page, I was concerned, then after considering how simple or straightforward the point of contention is, I felt the matter may not be as complex as previously thought.

Other items that have appear to have transpired like the part payment by Z for the 15%, shows lack of confidence or some uncertainty in the 15% transaction / purchase, the seemingly discounted price of the 15% that is causing an uproar locally, (no doubt other monies under the table, but still) and no high level of Government backing of Z on this claim, and considering the high level meeting between CATH and Felix and friends, certainly questions around the involvement by Z would have been asked and answered. (unless the issue with Z transpired post CATH and Felix meeting)

As I mentioned previously, AVZ is at a point / time of weakness for such claims by Z considering the timing of all this, everyday lost now causes AVZ to lose or delay millions of dollars of future revenues with ongoing delays in building out Manono. ASX Market sentiment gets trashed, and CATH is likely considering their position.

Arbitration taking up to 2 years based on the recent example is concerning. Assuming AVZ engage, yet this could be only the first attempt by Z to secure or have its position recognised. They would have multiple legal options across numerous courts and jurisdictions I would have thought.

As others have said, the quick answer to all of this is Felix and friends stepping in, maybe they are, maybe they are not. You would think it is in the interest of Felix and friends to swiftly sort this out.

In summary, this claim by Z at this time is not unlike an attempt to blackmail yet certainly ambush AVZ for some kind of outcome in Z’s favour, otherwise there could be years of litigation. I don’t buy into the Dathomir issue and the other 15% in contention, they are just jumping on the bandwagon to support Z and make AVZ look worse in the current issue.

So unless I’ve missed something, it all comes down to whether Felix and friends weigh in quickly and resolve at the highest level or AVZ negotiates an outcome with Z and then CATH respectively. IMO its more likely AVZ have done nothing wrong, yet unfortunately now need to navigate the games and wrong doings of others in the best interests of AVZ shareholders.


Cheers The Fox

You might be able to find it here

La Cominière SA

cominiere.cd

 

[BEISHA]

Can anyone confirm if this is accurate?

If so huge stuff up from management, and who is our lawyer, we need a new one lol

If it's true then we need to forget abt arbitration, courts, any of it, dont dare bloody waste shareholders time and money....give them their 15% with our tail between our legs and get on with the bloody show (with a new lawyer), idk we obviously need more details, but doesnt look good from a glance , welcome aboard Zijin, now help build this bloody mine you sly dogs


View attachment 6299

Just a bit of hindsight perspective of how this went down..

-Felix calls for a review of the mining sector late last year, including stopping awarding ML's, just as AVZ ML is meant to be issued " imminently"
-At the exact same time Cominiere is selling off 15% of Dathcom illegally from under him on the cheap and ignoring AVZ's first rights to it, then its reported Cominiere quickly spent $7m of the $33m on "snacks,etc"
-Cominiere also at the same time sending requests to and from AVZ for more information in regards to the FS and saying they have issues with it which in hindsight looks like they were deliberately delaying the mining licence on behalf of Zijin
-Antoinette eventually had enough and ignores these deliberate ploys to delay AVZ a mining licence and instead does what Felix says "hurry up with the mining licence", clearly because there's big money the DRC are missing out on in the mean time and he's trying to bring foreign investors into the battery hub
-AVZ finally get a decree that the mining licence has been ticked off and just waiting to come through "within days" after surface rights has been calculated
-A week later instead of the Mining licence AVZ go into suspension with our back against the wall contemplating either going to arbitration with the ppl who stole 15% of the DRC's asset that AVZ had first right to or to ignore the thieves and to just go about business as usual but have these thieves ready to launch an attack again at any time
-Felix and the government remain silent on the entire issue as AVZ prepare to go to arbitration to protect the DRC governments asset that they have agreed to give AVZ first right to buy

Felix needs to step up now, It's so blatantly obvious what he needs to do, that is kick Zijin out of the country entirely(including stripping them of their current mines in the country), clean out anyone who deliberately delayed AVZ's ML and signed the 15% over to Zijin (I suspect the same ppl). This, and this alone will stand as a precedent for those that may wish to attempt anything similar in the future.

EDIT: Nige, Felix, Antoinette and gang....NO MORE ROAD SHOW'S AND EXCELLENT BLOODY MEETINGS AT HOUSES OF CORRUPTION, OH I MEAN HOUSES OF EXCELLENCE.....it's an absolute shitshow, fix what needs to be fixed...ASAP...if it can't be fixed and we fail in arbitration then it's clear we need Zijin on board because they yield more power than the DRC government themselves, it will be clear that they are calling the shots and we need them in our corner....which way will it go

100% agree.............AVZ shouldnt have to be going to Paris to sort this shit out, they have been open and honest and got the job done in good faith and has even started earth works to prepare the foundations for the mine, Felix should be stepping up to sort this shit out in GOOD FAITH to AVZ.!!

imo

 

[John25]

Honestly do we need to be in suspension....can’t we still trade & let this Shit be played out ...simple person ...simple question

 

[BEISHA]

Geez you're fkn quick LOL!

I sorted out my sick daughter, biopsied wife, somewhat normal 14 year old son, cooked Mexican .....(had a few classy McLaren Vale red blends) and posted this on the redundant and stupid crapper...

Here's the post....



"Oh you cheeky, never seen before, one off, haven't got a feckin' clue (Oh geez I'm suspended by the Gestapo for sayin' feck probably), 9-5 paid patsy, pee-weak pants, funny old trolls!!!

It is absolutely hilarious to hear your Goodness Almighty, "oh I'm sooooo clever", rancid opinions on this stock that you've.....ummm.......what.......ummm......never.....ever..... ever... ever... ever... ever... owned!!!! BAHAAHAAHAA!!!!

No skin in the game??....never had???....what the feck are you doin' here you funny little folk?

Oh the number of posts in your history.....the number.....the number......the absolute .....absolute ....pitiful number.....BAHAHAAHAAHAHAAHAA!!

I mean seriously????

Seriously????????

You've posted nothing on this whole forum and now you're an expert on this particular stock??? AVZ????

BAAAHAAHAAHAAHAAH!!!!

Who pays your pitiful salary??????

Genuine question...

I couldn't care less actually but maybe I can get you a better deal than peddlin' rubbish on anonymous forums???

Just sayin'

Tell you what........come over here........c'mon'.......you've read this far.......c'mon........seriously ......it's all cool ........c'mon....................




SURPRISE!!!!

View attachment 6295
BAAHAAHAAHAAA!!!


Seriously how stupid are you??????

Oh!!!! .... sorry

Just absolutely (and I mean absolutely) this tickles my ball bag!!!!!!!!

Hey just checkin' there mods ......now c'mon......

I play a bit of 8 ball and billiards at my incredibly favourite, covid managing, struggling but real local pub and drive through that have battled through Covid for 2 years .......so don't guess all wrong about that vernacular

So....where were we???

Oh yeah....back to the paid trolls

Here you go..........I'll give you a few cents more than you're getting now

That'll probably be enough to flip you any way the wind blows

 

[Sammy_da_Smile]

100% agree.............AVZ shouldnt have to be going to Paris to sort this shit out, they have been open and honest and got the job done in good faith and has even started earth works to prepare the foundations for the mine, Felix should be stepping up to sort this shit out in GOOD FAITH to AVZ.!!

imo

This is the odd thing right and why I think it is to do with the 15% to go to 75%. Jin has summoned AVZ regarding 15%, not DRC. If it was to do with our negotiations with the government to acquire the extra 15% then it would be different?

Otherwise wouldn't avz be taking them to court to get the 15% they stole from the government which we have first dibs too?

 

[The Fox]

You might be able to find it here

La Cominière SA

cominiere.cd

Thanks

 

[The Fox]

Tendoji shared a copy of 'a document' on HC, here:

HotCrapper

Just a dried up old turd.

hotcrapper.com.au

shit, how did that change to hotcrapper? lol, zeeb0t

Anyway, there's a thread with it at the top at the dry old turd site

Thanks

 

[cruiser51]

Yes agree, re 75% holding, trying to understand the 30% comments that are being thrown about

I would say Zijin is hoping to accumulate Dathomirs shares and according to south Chinese paper do a deal with CATL, because they are from the same town and Chinese.
So the way Z is thinking they have their hands loosely on 15 + 15 + 24 = 54%
That's why in my eyes AVZ should not proceed with CATH deal until the other shit is sorted and AVZ has as a minimum 60%, no matter the cooky crumbles.
But, I would be highly surprised if Felix doesn't step in.
He knows AVZ has done all the hard yakka and employed and trained locals.

Where was Cominiere??
Ah, I forgot, they tried to line their own pockets, illegally change the JV agreement and sell the farm, while AVZ was building.

 

[cruiser51]

Exactly, you can't sell something twice. Nige rings up to get the ball rolling and Cominiere just does this:

View attachment 6315

I believe Nige was saying he was negotiating with DRC government.

 

[John25]

Good news ... finally some rain ...Great Southern WA ...not like you eastern states

 

[Remark]

Good news ... finally some rain ...Great Southern WA ...not like you eastern states

That's great news John, I hope you get it where you need it.

You can put your pants back on now

 

[BEISHA]

Can anyone confirm if this is accurate?

If so huge stuff up from management, and who is our lawyer, we need a new one lol

If it's true then we need to forget abt arbitration, courts, any of it, dont dare bloody waste shareholders time and money....give them their 15% with our tail between our legs and get on with the bloody show (with a new lawyer), idk we obviously need more details, but doesnt look good from a glance , welcome aboard Zijin, now help build this bloody mine you sly dogs


View attachment 6299

OMG !! RED ALERT !

I dont want to alarm folks, but this was one of the technicalities that saw FAR lose its court case.......

WPL / COP.............no better than the corrupt officials of DRC.

I will add, whilst its on my brain, my understanding, Felix went to great measures when he was elected to over see all past mining contracts to make sure they were squeaky clean, no corruption, making sure DRC getting their fair share of the spoils, transparency , I assumed this practice was going to extend to ALL future agreements going forward...........yet here we are in a shit storm with the most important agreement of them all, with a world audience looking on.........

After looking at that highlighted blue section, i no longer like our chances of success with Zijin.

If that is the case, bye bye CATH.

Hello US / Europe.

imo

 

[Bonsoir]

This is the odd thing right and why I think it is to do with the 15% to go to 75%. Jin has summoned AVZ regarding 15%, not DRC. If it was to do with our negotiations with the government to acquire the extra 15% then it would be different?

Otherwise wouldn't avz be taking them to court to get the 15% they stole from the government which we have first dibs too?

if it was the 15% to go to 75%, why would it be a request for arbitration in France and not in DRC.
It would likely be sorted out in court proceedings and not in arbitration that is not compulsory to attend.
The announcement mentions the 15% as the pre-emptive rights issue as far as l can see.

 

[DiscoDanNZ]

OMG !! RED ALERT !

I dont want to alarm folks, but this was one of the technicalities that saw FAR lose its court case.......

WPL / COP.............no better than the corrupt officials of DRC.

I will add, whilst its on my brain, my understanding, Felix went to great measures when he was elected to over see all past mining contracts to make sure they were squeaky clean, no corruption, making sure DRC getting their fair share of the spoils, transparency , I assumed this practice was going to extend to ALL future agreements going forward...........yet here we are in a shit storm with the most important agreement of them all, with a world audience looking on.........

After looking at that highlighted blue section, i no longer like our chances of success with Zijin.

If that is the case, bye bye CATH.

Hello US / Europe.

View attachment 6322





imo

BUT...

As I posted earlier if there is a condition that the pre-emptive rights cannot be exercised until the award of the ML then AVZ were not required to call the meeting to exercise the rights because the rights were not yet available to be exercised?!?

 

[BEISHA]

BUT...

As I posted earlier if there is a condition that the pre-emptive rights cannot be exercised until the award of the ML then AVZ were not required to call the meeting to exercise the rights because the rights were not yet available to be exercised?!?

Is there a link to highlight that ?

If so, then AVZ have a case.

I am no lawyer, just a simple tradie.

What would i know ?

 

[TDITD]

Zijin are firmly placed at the top of my shit list, but what if....

We were to say to Zijin (get in the bin) ok we will come to the table with your wanting to 'talk', here's the deal leave it or take it, we wont argue your illegal BS snide corrupt deals to get you here, but $33 mill equates to 7.27% of this venture, so guess what that's yours well done (assholes). Now we will offer you the deal CATL had, but of course we have to cover expenses an also the value of this venture has since increased so $260 mil for the remaining 16.73% and of course then the same deal as CATL you cover your 24% of any costs moving forward.

Essentially binning CATL and replacing them with Zijin (who are not to be trusted).

 

[BEISHA]

MILIJEW123 popped a post that contained 230 likes

I cant see what he posted, can anyone cut and paste.?

He is confident that Zijin is screwed if i am reading between the lines.

Great poster that one, smart cookie like Freehold, he is wasted on HC!!