AVZ Discussion 2022

[Carlos Danger]

If we get granted the licence then you could go mining and eventually pay back Locke?

Long timeframe given....

Or you get the licence and maybe someone is willing to effectively buy that from you because they know it's a very valuable resource and you repay Locke

Shorter timeframe possibly

Am I being my usual simple self?....

Sorry I'm assuming that..

'The Funder’s return is directly tied to the successful award and settlement of the Claim, with the total amount payable being a function of time and total Proceeds receipted. The priorities for distribution of receipted Proceeds are set out in the LFA and where commercially and legally sensitive, shall remain confidential.'

In the event that there is no case then Locke will be paid something by another mechanism or clause in the contract based on time spent, monies forwarded etc etc

But like I said that is only an assumption and my best guess as to how a litigation funding contract might pan out given all the different possible outcomes and permutations

Yeah that was the point I was trying to make although it could be rectified by another clause like you say

But that seems like a really easy negotiation and not something that would take 12 months and counting

Locke are more interested in the Dathomir case at the ICC as that is the quickest path to them being repaid imo

 

[Winenut]

Yeah that was the point I was trying to make although it could be rectified by another clause like you say

But that seems like a really easy negotiation and not something that would take 12 months and counting

Locke are more interested in the Dathomir case at the ICC as that is the quickest path to them being repaid imo

Know where you're coming from on that

 

[Carlos Danger]

Could also ask , how do we negotiate with strength without funding? What would make the DRC come to the table ? Only way I can think of is if the Yanks are playing a part .

Are we still in the Term Sheet phase of negotiations with Locke ? If so is there not a $1mill break free payable by AVZ ? Locke sitting pretty .

Yeah I agree having Locke funding puts us in a much better position than needing to dilute with tin rattling offered only to select shareholders

But with or without funds there is obviously something the DRC government want that AVZ are so far are unwilling to agree to

The MoU was an obvious smokescreen from the day it was announced imo

'A break-fee of US$1,000,000 is payable to Locke by AVZ in the event that AVZ terminates the Term Sheet at any time'

I'm not too worried about the break fee. We would only terminate the term sheet if we had an alternative sorted or an end game deal imo

 

[Flekman11]

But with or without funds there is obviously something the DRC government want that AVZ are so far are unwilling to agree to

You’re right about AVZ having something the DRC want. DRC gov are using at arms length Cominiere to test AVZs limits, and if it goes bad at ICC or ICSID, Cominiere is the fall guy.

But there are some instances where if that happens and depending on judgements and their enforcement that the DRC may lose some or all of their remaining percentage of ownership of the asset.

Pretty sure you’ll find the DRC want assurances from AVZ, that AVZ can’t and shouldn’t give. Same goes for CDL.

 

[wombat74]

You’re right about AVZ having something the DRC want. DRC gov are using at arms length Cominiere to test AVZs limits, and if it goes bad at ICC or ICSID, Cominiere is the fall guy.

But there are some instances where if that happens and depending on judgements and their enforcement that the DRC may lose some or all of their remaining percentage of ownership of the asset.

Pretty sure you’ll find the DRC want assurances from AVZ, that AVZ can’t and shouldn’t give. Same goes for CDL.

"Pretty sure you’ll find the DRC want assurances from AVZ, that AVZ can’t and shouldn’t give. Same goes for CDL."

If that's the case AVZ can only play this card in the Knowledge : A. They are confident funding is 100% guaranteed .

B. No chance of a BoD spill .

I think you are discounting China's influence .

Lets wait and see what @geo_au's promised announcement is all about . Things might be a clearer after that .

 

[BEISHA]

If we get granted the licence then you could go mining and eventually pay back Locke?

Long timeframe given....

Or you get the licence and maybe someone is willing to effectively buy that from you because they know it's a very valuable resource and you repay Locke

Shorter timeframe possibly

Am I being my usual simple self?....

We aint going mining Wino, you can be assured of that.

Locke funding vital to stay in the long game and force DRC govt hand as per Roon previous post.

imo

 

[protoje]

**The Waiting Game**

Geo once swore a fix would rise,
To lift our lithium-craving cries.
A promised update, gleaming bright,
Would ease our endless finance fight.

But days stretch long, and still no word,
The silence sharp, a wound unheard.
We sift through debts like desert sand,
While Geo’s update stays unmanned.

Our balance sheets bear heavy strain,
With each lost promise, deeper pain.
And here we stand, on brittle ground—
No rescue in the silence found.

Geo, hear us, break the spell—
Bring the news that ends this hell.

 

[Bray]

Load of shit

 

[Frank]

x.com

x.com

 

[Carlos Danger]

You’re right about AVZ having something the DRC want. DRC gov are using at arms length Cominiere to test AVZs limits, and if it goes bad at ICC or ICSID, Cominiere is the fall guy.

But there are some instances where if that happens and depending on judgements and their enforcement that the DRC may lose some or all of their remaining percentage of ownership of the asset.

Pretty sure you’ll find the DRC want assurances from AVZ, that AVZ can’t and shouldn’t give. Same goes for CDL.

Fun fact Cominiere are technically a claimant at the ICSID as they are a part of Dathcom. DRC government are the respondent.

The case is about the DRC government's failure to follow their mining code. Can you give an example of how they may lose some or all of their remaining ownership of the asset?

This isn't about assurances but a question regarding Article 60 imo

 

[BEISHA]

**The Waiting Game**

Geo once swore a fix would rise,
To lift our lithium-craving cries.
A promised update, gleaming bright,
Would ease our endless finance fight.

But days stretch long, and still no word,
The silence sharp, a wound unheard.
We sift through debts like desert sand,
While Geo’s update stays unmanned.

Our balance sheets bear heavy strain,
With each lost promise, deeper pain.
And here we stand, on brittle ground—
No rescue in the silence found.

Geo, hear us, break the spell—
Bring the news that ends this hell.

 

[Roon]

Fun fact Cominiere are technically a claimant at the ICSID as they are a part of Dathcom. DRC government are the respondent.

The case is about the DRC government's failure to follow their mining code. Can you give an example of how they may lose some or all of their remaining ownership of the asset?

This isn't about assurances but a question regarding Article 60 imo

Are you inferring that the DRC are simply stating that we won't get out of this with the entirety of 13359? Id agree with that. It was fairly clear from the MoM's letter to the PM that this was their position IMO.

Thing is, public statements aside, I believe our management is also cognisant and in aquisenance of this by now. So i wonder what's holding things up? How are not able to hold a negotiation on this? Why do you think they aren't willing to at least come to the table? Or are we maintaining that public hard line position also in private now that our ICSID and ICC cases are approaching?

 

[Carlos Danger]

Are you inferring that the DRC are simply stating that we won't get out of this with the entirety of 13359? Id agree with that. It was fairly clear from the MoM's letter to the PM that this was their position IMO.

Thing is, public statements aside, I believe our management is also cognisant and in aquisenance of this by now. So i wonder what's holding things up? How are not able to hold a negotiation on this? Why do you think they aren't willing to at least come to the table? Or are we maintaining that public hard line position also in private now that our ICSID and ICC cases are approaching?

I think AVZ want compensation for CDL and the DRC reckon we are no longer entitled to get paid for it because of the submission of the waiver

And neither side is willing to budge on this so negotiations keep falling apart

Only way out of this quagmire that will lead to joy jumping in the short term is for someone to buy out RD from us imo

 

[Dazmac66]

So this waiver is the document that was supposedly doctored by someone ticking the box that says AVZ relinquish CDL in exchange for the PE in Roche Dure?

 

[Doc]

I think AVZ want compensation for CDL and the DRC reckon we are no longer entitled to get paid for it because of the submission of the waiver

And neither side is willing to budge on this so negotiations keep falling apart

Only way out of this quagmire that will lead to joy jumping in the short term is for someone to buy out RD from us imo

No one’s buying RD in the short to medium term imo unless it’s Zijin. No one in their right mind would pay to get into the middle of this shit fight.
As for Locke I’d say they waiting on the judgment for the liquidation of the penalties to date. If AVZ get that granted then DRC must pay those accrued penalties to the ICSID. AVZ cannot use those funds till this runs the distance but there’s some form of security for Locke imo.

 

[Dave Evans]

I think AVZ want compensation for CDL and the DRC reckon we are no longer entitled to get paid for it because of the submission of the waiver

And neither side is willing to budge on this so negotiations keep falling apart

Only way out of this quagmire that will lead to joy jumping in the short term is for someone to buy out RD from us imo

So this waiver is the document that was supposedly doctored by someone ticking the box that says AVZ relinquish CDL in exchange for the PE in Roche Dure?

So what are the possibilities in relation to the purported waiver?

If there was a waiver and it was agreed that AVZ could apply for a continuation of the exploration permit for the north and the DRC broke that agreement, then the waiver would be null and void.

And if there was an agreement, you would have to wonder what sort of skullduggery the DRC pulled on AVZ in the first place to force them to agree to it.

We have seen what lies they are capable of as recently as the Minister of Mines denying we had a meeting with their mining representatives and this latest staged arrest of Mills Tshibangu claiming he knew what happened to the money in escrow at Rawbank, so he could spread more disinformation about us and the IGF.

We should be compensated for CDL, we drilled there, got core assays, built Camp Colline to store equipment, house the assays, supply accommodation for Manono local workers etc.

One thing stopping us getting back the north is Cominiere and the DRC shitting themselves because they know Zijin would then sue them and that’s because Zijin played them and they were corrupt enough to take Zijin’s bribes.

DLA Piper know what happened and they obviously feel the DRC broke the law

 

[wombat74]

"From preliminary observations, it appears that the AVZ's claims, as formulated in the said project, are disadvantageous for the Republic where the defence team has recommended the continuation of the arbitration as long as AVZ does not diminish its ambitions."

 

[Mute22]

"From preliminary observations, it appears that the AVZ's claims, as formulated in the said project, are disadvantageous for the Republic where the defence team has recommended the continuation of the arbitration as long as AVZ does not diminish its ambitions."

Evil AVZ trying to obey the mining code and DRC laws to legally mine providing tax revenue to the government!

 

[wombat74]

Evil AVZ trying to obey the mining code and DRC laws to legally mine providing tax revenue to the government!

That's the game the DRC/China are playing . I'm all for continuing to apply pressure or going the distance if share holders are 100% guaranteed an appropriate compensation $$$ that ends up in their bank accounts . Or maybe that would be our kid's/grand kid's bank accounts .

 

[Winenut]

We aint going mining Wino, you can be assured of that.

Locke funding vital to stay in the long game and force DRC govt hand as per Roon previous post.

imo

Yeah I agree we're not going mining

Was just looking "theoretically" at the options available to pay back Locke if funding is secured