AVZ Discussion 2022

[BEISHA]

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lol, you are the scam and the scum !

 

[Azzler]

Although it was the escrow account set up at our behest by our lawyer. So you could see why people may point to us on this one. Even though that was only because Cong had sent back the funds that had rightly paid for the stock (as the latest ruling shows, though the 5% not ruled on yet).

What a tangled web all this is

If this is how it happened, and Cong actually received the funds. Then at that point, it could be argued that the transaction was complete and final.

Him sending it back doesn't undo anything.

The money being stolen also doesn't undo anything.

Again, IF thats how it happened, then i would be of a very strong opinion that AVZ doesn't have to pay Cong anything more.

But as always, no one here has all of the facts and we can only speculate based on what we think we know.

I trust Nigel has it all covered under his very capable watch.

Let's hope a positive outcome for us shareholders isn't too far away.

 

[Carlos Danger]

This is interesting because the ruling says that AVZ legally acquired the shares. This tells me that a contract was completed and for the contract to be completed then the monetary side of that contract must have been completed. I am a bit confused about this.

I’ve posted this over 100 times in the last few years. It answers your confusion.

 

[timb89]

This is interesting because the ruling says that AVZ legally acquired the shares. This tells me that a contract was completed and for the contract to be completed then the monetary side of that contract must have been completed. I am a bit confused about this.

Great point. How could they conclude ownership if payment not exchanged?

 

[timb89]

I’ve posted this over 100 times in the last few years. It answers your confusion.
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What does this suggest apologies?

 

[Mvdl5150]

So the facts are with respect to the Escrow account

“Additionally, the Company has been made aware of allegations of unauthorised transactions involving the Company's escrow account in the DRC”

So no official announcement on any money missing

And the last announcement says

“AVZI will organize the payment to Dathomir of the balance of the price agreed…”

Are we assuming too much, maybe nothing is missing, if so why did we only borrow 20million from CATL, surely we would have factored more funding for our legal fees and obligations upon winning each case if the money was truely missing?

 

[Remark]

So the facts are with respect to the Escrow account

“Additionally, the Company has been made aware of allegations of unauthorised transactions involving the Company's escrow account in the DRC”

So no official announcement on any money missing

And the last announcement says

“AVZI will organize the payment to Dathomir of the balance of the price agreed…”

Are we assuming too much, maybe nothing is missing, if so why did we only borrow 20million from CATL, surely we would have factored more funding for our legal fees and obligations upon winning each case if the money was truely missing?

Oh, really?
Have Ya Seen it?

 

[Mvdl5150]

The money?

 

[cruiser51]

Fantastic news folks, not that it was a surprise, cunt cong had no chance !

In a macabre way, happy BOD went back to ICSID to seek out that justice, shame applied to Dathomir aka CHYNA.

Now i wonder, does Graeme Jonhston have a defamation case to apply towards Cong ?

View attachment 87967

fraud my arse hey Graeme ?

Highly likely has, but would you travel to the DRC, with a judiciary, where even the minister for justice is accused of fraud, to fight a defamation case? And we will not mention the rest of the Government, where it seems to be a national sport to rip the system off.

I rather stay in the office and build model lithium processing plants from lego blocks, to sort out the ergonomics of the plant, thank you very much.

 

[Carlos Danger]

This is interesting because the ruling says that AVZ legally acquired the shares. This tells me that a contract was completed and for the contract to be completed then the monetary side of that contract must have been completed. I am a bit confused about this.

Great point. How could they conclude ownership if payment not exchanged?

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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This is probs my best post explaining what happened. I’ve included the original in the replies. But as I said in February 2024:

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

 

[tonster66]

Half yearly reports ann 12/3/21
31/12/2020

ann 29/7/2021

Ann 18/8/2021

30 june 2021 financial report

Note 26

 

[Roon]

Turning Diplomatic Commitments into Mineral Investments in the Democratic Republic of Congo

With a peace agreement signed between the DRC and Rwanda, the United States is now seeking to sign a minerals deal. To be effective, it must go beyond handshake diplomacy to catalyze private investments in this high-risk yet strategically critical jurisdiction.

www.csis.org

 

[Chase]

I would have preferred ICC to tell Dathomir the money was paid into the escrow account, AVZ fulfilled their obligations. If you didn't take it and left it there and someone else pissed off with it that's your problem.

Fight that battle another day..Christian will get a arse reaming hopefully

 

[dollarbills]

Good to hear from Deboss

https://x.com/deboss7788/status/1940649545949737237?s=46&t=wLCg6YH_DDughL1R_sNF_g

 

[hedrox]

And another nice day for Spodumene prices.....5.21 % up....this didn't happen on any past day in the last 3 years...
It,s defiantly hottening up in the wider Lithium space....perfect timing

 

[Xerof]

LOL

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/686516d95dd5762478343aa7/1751455451768/20250702+Announcement+-+Dathomir+SPA+2020+Decision+%28final%29.pdf

View attachment 87925
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Carlos, I particularly like the names you saved these 2 screenshots under:

page one: fuck.png
page two: cong.png

very nice

 

[Randenj]

And another nice day for Spodumene prices.....5.21 % up....this didn't happen on any past day in the last 3 years...
It,s defiantly hottening up in the wider Lithium space....perfect timing

Shhh. Don't tell the evangelical trump supporters. They'll destroy it for us all.......

 

[Samus]

Good to hear from Deboss

https://x.com/deboss7788/status/1940649545949737237?s=46&t=wLCg6YH_DDughL1R_sNF_g

Decisions decisions

 

[Rechnerhand]

FT --> Give commerce a chance in eastern DR Congo

 

[BRICK]

Decisions decisions
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The off-road one.
Especially in those vic backroads