Excellent response, as always.No one outside of the parties involved has seen the SPA's. The only clues we have are from this court record and AVZ's official announcements. Both of those sources agree that completion of the transactions occurs when payment hits da bank. Cong cites Article 2.1 of the SPA's for this fact. This event occurred on or about 13/8/21 according to AVZ and on 16/8/21 according to Dathomir which is backed up by the bank statement.
The only thing that could have stopped it was a domestic stay of payment but the writ for that was served to AVZ on 28/8/21 which is after completion occurred according to Cong's timeline of events
As for the need for a Dathcom EGM this was not a condition precedent of the SPA's according to AVZ. Cong says it 'should' have happened because it occurred in previous transfers but he doesn't cite anything from the agreements when claiming this.
Without going into the long boring details of OHADA the article that Cong cites about waiving the sale is about negotiations using an expert to value the shares in an absence of agreements. The judge was never asked to rule on the merits of his arguments about termination and repeatedly recognises the need for this matter to be heard by an arbitral judge. The ICC taking on these cases indicates to me that they are the ones named in the SPA's for dispute resolution just like in the Dathcom JVA and they have agreed with AVZ on everything so far.
Obviously I would need to read the SPA's to know for sure if Cong has grounds for termination or renegotiation but the fact that both parties have acknowledged that completion occurs on payment, Cong couldn't back up his EGM claim from the agreements themselves and the ICC are hearing the cases and resticting Dathomir's actions within the DRC is enough for me. And DLA Piper too obvs
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AVZ Discussion 2022
- Thread starter GazDix
- Start date
Carlos Danger
Top 20
Cong never directly claims the lack of a Dathcom EGM is the reason he considers the agreements as not complete (Dathomir EGM for 2020 agreement occurred 22/9/20 according to copy I have). AVZ responded to the ASX when addressing that issue. Cong cites the payment clause and lack of Dathcom EGM as grounds for his purported right to seek renegotiation and subsequent termination of the agreements.Yep, nice
I had originally thought the missing EGM resolution from Dathomir might be an Achilles.
Hadn’t picked up on the date/stay etc
Good work fella
From then on both parties are operating under two different assumptions. AVZ continue as if the agreements are still valid and Cong doesn't. AVZ say Cong has no right to variation of the price and that he didn't give any arguable, let alone determative, basis for termination of the SPA's.
AVZ also say that Dathomir's criminal complaints in this matter are not only about money but also serve to 'discredit AVZ's standing with the DRC government and assist Cominiere and Zijin (with each of whom it is acting in concert) in misappropriating the Manono Project'
Like I said yesterday Cong clearly had other motives for his actions than just lining his own pockets. If he was only interested in money he would have kept his 240 million free AVZ shares (worth $330m AUD at ATH) and used the valuation in the DFS for negotiations of the 2020 agreement. Cong's primary intention was to try and get rid of AVZ from the project by any means necessary imo
So the 20 million dollar question is did Cong correctly follow the SPA's and have a right to variation of price and termination or was he just trying to rat fuck us any way he could?
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I was going to read further but you grabbed my attention , I applied for a credit card 9 weeks ago , I am on workers comp for another 40 weeks then back to work , I was denied as I have no full time job , show me where a full time job is more secure than workers comp fu
LK me AVZ has put me in a shit position from owning a home in Sydney to pleading for a Credit Card , fuckkkkkkkmthese pric?s stay very rich see no racist comment while the little man is out of the loop , I for 1 think we will get nothing , not even our money back , I have all but given up now but lets see if we get easter eggs ( HA ) or a Xmas present this year or will we be still talking till I am living on the street , these cunts dont care
Yeah i think chances of seeing something is low. We've definitely been fucked over and from that perspective I am ok if the company fucks everyone over too.
Have said in the past that if we don't get that win/win situation then i want everyone to lose/lose (DRC/China)
Its a long time investment now....but I dont think we will end up with nothing.
To much on the plate for the DRC.....they can't only complete ignore AVZ....the world is watching.
Some kind of a deal will happen, nobody wants to see this story dragging on forever in courts and arbitration.
and if so......it will take a long long time to see back any dosh.
Grandkids will be very happy....haha
To much on the plate for the DRC.....they can't only complete ignore AVZ....the world is watching.
Some kind of a deal will happen, nobody wants to see this story dragging on forever in courts and arbitration.
and if so......it will take a long long time to see back any dosh.
Grandkids will be very happy....haha
so I am on the money , I also this ground is so big there might be many countries that dont want it to be mined , Aus included its all about money for everybody we are just the small turds , so for anybody here that is so confident that AVZ will be a winner for them I have 90,000 shares at 79c lets see if I can sell them , I dont fuck5n think so anti up
trust your gut....but gotta have some hope in life..gut says no chance of getting $$ back, hope says yeah we got a chance..
whom do we trust
I’m ignoring the inaction from the court orders as I hope there are negotiations going on behind closed doors. The DRC know what a mess has been created and would want to salvage some credibility amongst international investors…I hope.
AVZ is good at pulling out carrots after a few lemons appear.
I’m looking forward to confirmation the 20mil loan has been secured to fight this through.
Hopeful for all investors who have endured this unbelievable horror ride.
Tough times and the venting is needed but stay strong and positive people.
20.0000 investors is a big voice to screw with!
AVZ is good at pulling out carrots after a few lemons appear.
I’m looking forward to confirmation the 20mil loan has been secured to fight this through.
Hopeful for all investors who have endured this unbelievable horror ride.
Tough times and the venting is needed but stay strong and positive people.
20.0000 investors is a big voice to screw with!
Chase
Regular
Scoota30
Regular
The only thing that's changing is cash in the bank keeps going down, while the imaginary ICC fines against comineire keep racking upIs it just me or has @cominiere's tone changed on X? Seems to be using a different tone & writing style.
I could be wrong but I think Celestine has put Alain back on coffee duty & is posting on his own
Something has changed.
Ying and Yang.
Hemicuda
Regular
nothing has changed albeit one day closer to knowing for sure where cooked,,, what a fucking farceThe only thing that's changing is cash in the bank keeps going down, while the imaginary ICC fines against comineire keep racking up
Carlos Danger
Top 20
gut says no chance of getting $$ back, hope says yeah we got a chance..
whom do we trust
The only thing that's changing is cash in the bank keeps going down, while the imaginary ICC fines against comineire keep racking up
Clearly the criminal case brought by Cong against Graeme and Dathcom is causing problems with the DRC government. Although the MoM didn't cite it directly in her cancellation decree. The appeal judge for the criminal proceedings has suspended the sentence and reduced the fine pending AVZ / Dathcom's appeal to the Supreme Court and the outcome will depend on the result of arbitration.
AVZ say they are willing to do a deal with Cong if he withdraws the criminal complaint. But it's been months since they said that and nothing so far. That's because Cong doesn't actually give a fuck about more money and just wants to impede AVZ as much as possible for the benefit of his Chinese masters. The tomato on the crapper also hinted the criminal case will be dropped in exchange for the north indicating further collusion between our enemies.
Without a deal to remove the criminal complaint our only choice is to prove that Cong didn't follow the SPA's correctly in the appropriate forum of the ICC and then return to the highest court within the DRC and have the whole thing thrown out. But that won't happen until Q4 2024 at the earliest. If you voted for the current bod over MMGA at the AGM then you voted for this strategy so suck it the fuck up. At least you have me on your side haha
Azzler
Top 20
Hey @timb89 although obviously some people object to your postings on HC, I think most people, me included think what you're doing over there is fantastic.
You're absolutely destroying all their bullshit every day, they post insessantly only to appear like their not getting smashed and humiliated but they are badly, everyone sees it. So I just want to encourage you to keep up the great work
It IS infuriating to see the fools post such misinformation, misdirection and outright bullshit, so constantly and without being moderated.
So trust me when I say many hundreds of people smile at their screens when they read you destroying them post after post.
But it's not just about ironing out all the misinformation as you know, it's about discrediting the platform that these trolls are freely allowed to freerange upon.
It's the mods fault for allowing them, so please, continue to make the place stink worse that it ever did!
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