AVZ Discussion 2022

[Winenut]

That is a very good question Carlos.

As we are all quite aware, the 2017 Dathcom JVA restricts the transfer or sale of shares in Dathcom to third parties.

However, since Green Lithium Holdings (GLH) is a subsidiary of AVZ International (AVZI), which in turn is a subsidiary of AVZ Minerals (AVZ), AVZ's transfer of its shares in Dathcom to GLH is a related-party transfer that does not result in a change of beneficial ownership. The transfer to GLH appears to be an administrative transfer, and maybe for that reason does not require shareholder approval.

Cominiere's sale of 15% of Dathcom to Jin Cheng, on the other hand is a third party transfer, which also resulted in a change of beneficial ownership. That sale was clearly a breach of the JVA.

Cheers
F

Very eloquently put Flight

 

[Carlos Danger]

That is a very good question Carlos.

As we are all quite aware, the 2017 Dathcom JVA restricts the transfer or sale of shares in Dathcom to third parties.

However, since Green Lithium Holdings (GLH) is a subsidiary of AVZ International (AVZI), which in turn is a subsidiary of AVZ Minerals (AVZ), AVZ's transfer of its shares in Dathcom to GLH is a related-party transfer that does not result in a change of beneficial ownership. The transfer to GLH appears to be an administrative transfer, and maybe for that reason does not require shareholder approval.

Cominiere's sale of 15% of Dathcom to Jin Cheng, on the other hand is a third party transfer, which also resulted in a change of beneficial ownership. That sale was clearly a breach of the JVA.

Cheers
F

Yeah all well and good for beneficial ownership but is that recognised within Dathcom and the flow on to the RCCM

Doubt it. Cominiere said at the ICC they don't recognise GLH.

So there surely had to be some sort of mechanism to transfer actual control within the Dathcom JVA that overrides Cominiere's FROR

 

[Carlos Danger]

That is a very good question Carlos.

As we are all quite aware, the 2017 Dathcom JVA restricts the transfer or sale of shares in Dathcom to third parties.

However, since Green Lithium Holdings (GLH) is a subsidiary of AVZ International (AVZI), which in turn is a subsidiary of AVZ Minerals (AVZ), AVZ's transfer of its shares in Dathcom to GLH is a related-party transfer that does not result in a change of beneficial ownership. The transfer to GLH appears to be an administrative transfer, and maybe for that reason does not require shareholder approval.

Cominiere's sale of 15% of Dathcom to Jin Cheng, on the other hand is a third party transfer, which also resulted in a change of beneficial ownership. That sale was clearly a breach of the JVA.

Cheers
F

Yeah all well and good for beneficial ownership but is that recognised within Dathcom and the flow on to the RCCM

Doubt it. Cominiere said at the ICC they don't recognise GLH.

So there surely had to be some sort of mechanism to transfer actual control within the Dathcom JVA that overrides Cominiere's FROR

Found it. Article 9.1A allows it. But AVZI must have a take back clause in the event GLH ceases to be a company and we had to notify the management board of Dathcom at least 8 days before the transfer so all g

 

[Frank]

x.com

x.com

x.com

x.com

 

[Schnitzelfresser]

For the record: a deal should theoretically be reached by 09.02. (?) so that neither party pays the fees for the arbitration court unnecessarily. Then everything could happen very quickly.

In fact, everyone only saves face if Zijin gets something from the North, we get money or other compensation in return. Cominiere gets to keep the play money for drugs and hookers, the charges are dropped, the DRC is thanked for the great cooperation. We and CATH/CATL get the South. Hydropower plant is shared.

Something similar has already been written.

 

[Winenut]

I reckon the international arbitration fees are chicken feed in relation to the numbers we are looking at with regard to the bigger picture of Manono

 

[JNRB]

For the record: a deal should theoretically be reached by 09.02. (?) so that neither party pays the fees for the arbitration court unnecessarily. Then everything could happen very quickly.

In fact, everyone only saves face if Zijin gets something from the North, we get money or other compensation in return. Cominiere gets to keep the play money for drugs and hookers, the charges are dropped, the DRC is thanked for the great cooperation. We and CATH/CATL get the South. Hydropower plant is shared.

Something similar has already been written.

Fortunately, we don't need a solution where everyone saves face.

Zijin / Cominiere / Celestin can fight amongst themselves as to who gets thrown under the bus.

 

[RHyNO]

I tell ya if they sort this, and relist, I’m going to hold until I can put some of this lithium into my home Tesla bot. If Nigel gets an outcome here it’s testament to his ability to lead a project in Africa.

 

[tolate]

Agree, i am pretty sure the relationship with AVZ / CATH has been strained in the past, as other posters have mentioned Cath can be a bit of a turn coat ........they voted for MAGA 2 yrs ago plus i am sure prior to that i remember somewhere Pei was meant to catch up with Nigel for a important meeting, yet cancelled and conducted a private meeting with Cong instead.

Once bitten twice shy needs to be the approach.

Maybe a PURE case of let the CHINESE deal with the CHINESE...!!
CATH deal with ZIJIN and the DRC
Cath is in the BOX seat...imo
But if AVZ, is granted a M L that is a breath of AIR...!

 

[DiscoDanNZ]

So only one question remains:
View attachment 75855

I hear our pay day is imminent.

 

[Xerof]

@Carlos Danger

WRT when GLH came into the picture, I see that it first gets a mention in ICSID proceedings around November 2023. IMO, this might give a bit of a clue as to when the behind-the-scenes negotiations may have commenced with CATH, i.e. after the failed Board shit fight, and with Locke funding DD etc having commenced

So perhaps the transfer to GLH was an early step to avoid needing CNT's approval of the direct transfer to CATH, and was part of an early framework

I'm fairly certain this JV agreement etc has been percolating for quite some time, and isn't simply a reaction to the confirmation of Locke funding

 

[Mute22]

imminent.

 

[Dijon101]

So only one question remains:
View attachment 75855

 

[Flexi]

​

Obe Wan@_smogdaddy has blocked you​

You can view public posts from @_smogdaddy, but you are blocked from engaging with them. You also cannot follow, Like or message @_smogdaddy.

??????????







https://x.com/_smogdaddy

 

[Xerof]

I hear our pay day is imminent.

I get paid every second Tuesday, so tomorrow?

 

[blu]

Question for SME'S...I'm sure NF and Board want to return maximum value to SH once this shit show has concluded. What is the most likely pathway / structure for that? I'd rather not relist if it means the same cunts that shorted us way back at the start get another opportunity to do so again.

 

[Frank]

x.com

x.com

x.com

x.com

 

[Xerof]

@blu

If you look at the recent announcement, the official line is we are committed to developing Manono, repeated in several paragraphs.

I doubt they would ever stray from that narrative, and IMO, it's extremely important that they now push very hard in the Courts to ensure they squeeze out any avenues for anything but attaining a ML and a pathway to mining.

So my current expectation is a re-list, like it or not

Anything else needs to be a complete surprise

 

[blu]

@blu

If you look at the recent announcement, the official line is we are committed to developing Manono, repeated in several paragraphs.

I doubt they would ever stray from that narrative, and IMO, it's extremely important that they now push very hard in the Courts to ensure they squeeze out any avenues for anything but attaining a ML and a pathway to mining.

So my current expectation is a re-list, like it or not

Anything else needs to be a complete surprise

Good point, thanks

 

[cruiser51]

@blu

If you look at the recent announcement, the official line is we are committed to developing Manono, repeated in several paragraphs.

I doubt they would ever stray from that narrative, and IMO, it's extremely important that they now push very hard in the Courts to ensure they squeeze out any avenues for anything but attaining a ML and a pathway to mining.

So my current expectation is a re-list, like it or not

Anything else needs to be a complete surprise

That was the general tone during the last AGM from the BOD.

Having people say now 'Sell the show', is not what the BOD said.
It is what people say, because they have a nose full off the DRC's carry on and the BS created by Zijin, in an attempt to steal something in bright daylight.

However saying now sell the whole shit and caboodle is not the smartest thing to do.
Allow the BOD to do their thing.
They know much better than we know what is going on and they only will reveal what is considered smart to be revealed, by them and their legal advisors.

Having an early GT might help to calm the nerves.