Canoro Resources Ltd. Issues Update and Clarification on Amguri Project
14 Octobre 2010 - 1:31AM
PR Newswire (Canada)
VANCOUVER, British Columbia, Oct. 13 /CNW/ -- Canoro Resources Ltd.
(the "Company") (TSXV: CNS) provides the following update with
respect to recent events relating to its Amguri project and other
matters in order to provide further detail to its prior disclosures
as required by the TSX Venture Exchange. Amguri Production Sharing
Contract On June 1, 2010, the Company received a Show Cause Notice
(the "Notice") from the Government of India Ministry of Petroleum
and Natural Gas (the "MOPNG") alleging that the Company had
violated certain provisions of the Amguri production sharing
contract (the "Amguri PSC") as a result of the transactions
contemplated under the investment agreement between the Company and
Mass Financial Corp. dated April 16, 2010 (the "Transaction"). The
MOPNG alleged that the Transaction required their prior consent
under Article 29 of the Amguri PSC. As set out in the Company's
news release dated June 11, 2010, shortly after receiving the
Notice, the Company responded to the MOPNG with a detailed
submission that supported the Company's view that both the facts of
the situation as well as the language of the Amguri PSC were not
consistent with the position of the MOPNG set out in the Notice.
For further information respecting the Notice please refer to the
Company's press release dated June 7, 2010, which includes excerpts
therefrom. On August 14, 2010, the Company served notice on the
MOPNG referring the matter of whether the Company violated the
Amguri PSC, amongst other things, to an arbitration tribunal
pursuant to the terms of the Amguri PSC. Both the Company and the
MOPNG have appointed a member to the arbitration panel pursuant to
the terms of the Amguri PSC and are awaiting the appointment of a
third arbitrator by the current members of panel. Accordingly,
arbitration proceedings have not yet commenced. On August 30, 2010,
the Company announced that the MOPNG had provided the Company
notice that it was terminating the Amguri PSC. Such notice was
received by the Company after be the close of markets on Friday,
August 27, 2010 and stated that the 90-day period required to given
by the MOPNG in relation to its purported termination commenced on
June 1, 2010 when the Notice was provided to the Company. This
communication was the first time that the MOPNG had claimed that it
considered the Notice to also be the notice of termination and
accordingly the 90-day notice period would run from the date of its
June 1, 2010 Notice. The TSX Venture Exchange has not reviewed and
does not accept responsibility for the adequacy and accuracy of the
contents of this news release. In its press release dated August
31, 2010, the Company announced that it had obtained an ad interim
injunction from the High Court of Delhi prohibiting termination of
the Amguri PSC. The ad interim injunction is effective until
November 2, 2010, being the date of the next scheduled hearing of
the matter and provides for the status quo operation of the project
until such time. The question of whether the Company is in breach
of the Amguri PSC remains subject to determination by an
arbitration tribunal. The Company and its local counsels believe
that, the notice of termination of the Amguri PSC is contrary to
the terms of the Amguri PSC. As set out in the Company's
Management's Discussion and Analysis for the period ended June 30,
2010 (the "Q1 MD&A"), the Company's Amguri project is carried
on its balance sheet as at June 30, 2010 at a value of
approximately $46 million, with the total assets of the Company
being $94.3 million as at such date. A termination of the Amguri
PSC may result in the Company losing all or a substantial portion
of its investment in the Amguri project, and would have a material
adverse effect on the results of operations and financial position
of the Company. For further information, please refer to the
Company's Q1 MD&A, a copy of which is available under the
Company's profile on SEDAR (www.sedar.com). In the event of such
loss, the Company believes it would have a legal claim against the
MOPNG relating to the loss of its investment. However, there can be
no assurance as to whether such claim would ultimately be
successful or the amount that may be recoverable. Amguri Joint
Operating Agreement On May 6, 2010, the Company was served in
Delhi, India with notice of a petition by Assam Company India Ltd.
("Assamco"), the Company's 40% joint venture partner in the Amguri
field, to appear in the High Court of Delhi pertaining to a
petition under section 9 of the Arbitration and Conciliation Act,
1996 (the "Petition"). In the Petition, Assamco claimed that the
Company violated the Amguri PSC and Joint Operating Agreement
("JOA") as a result of the Transaction and sought injunctive relief
from the Court in relation to the Transaction. The Company appeared
before the Court on May 18 and August 17, 2010 in response to
various applications for injunctive relief sought by Assamco
regarding the matters raised in the Petition, at both of which
times the Court did not grant such relief. However, the Court did
pass a lis pendens order which put third parties on notice that the
matter is subject to challenge and an ultimate finding by an
arbitration tribunal. On August 19, 2010, the Company received
notice from Assamco referring the various disputes between the
parties respecting the Amguri JOA to arbitration, pursuant to the
terms thereof. Both Assamco and the Company have appointed a member
to the arbitration panel pursuant to the terms of the Amguri JOA
and are awaiting the appointment of a third arbitrator by the
current members of the panel. Accordingly, the arbitration
proceedings have not yet commenced. The question of whether the
Company is in breach of the JOA and PSC remains subject to
determination by an arbitration tribunal. The potential
implications of these arbitration proceedings are not known at this
time. On May 17, 2010, the Corporation filed a Statement of Claim
(as amended) in the Court of Queen's Bench, Alberta against Assamco
for damages of $200,000 and punitive damages of $1,000,000 such
that the aggregate claim is in the amount of $1,200,000 plus
solicitor client costs (the "Claim"). The Claim asserts that
Assamco has repeatedly interfered with the Company's contractual
relations, including interference in the Transaction, and has made
defamatory statements against the Company. Assamco has sought an
order from the High Court of Delhi to restrain the Company from
continuing the proceedings in Canada on jurisdictional grounds. The
Company through its counsel in India has agreed to not object to
any extension of time for submission of a statement of defence,
which Assamco may seek in connection with this litigation, while
the High Court of Delhi is hearing arguments from counsel in the
matter. The next hearing before the High Court of Delhi is
scheduled for November 15, 2010. AA-ONN-2003/2 Bank Guarantees On
May 7, 2010, the Company was informed that the Government of India
had called a bank guarantee of approximately $1.1 million that had
been provided relating to the AA-ONN-2003/2 exploration block for
failure of the operator and partners to complete the minimum work
commitment. Export Development Canada ("EDC") had provided a
counter guarantee for the entire amount and accordingly, on May 20,
2010, reimbursed the Company's bank. On July 9, 2010 the Company
repaid EDC. For further information please refer to the Q1
MD&A. For further information, please contact: Rene Randall
Tel: 604-408-8538 Email rrandall@bmgmt.com or visit the Company's
website at www.canoro.com Rene Randall, +1-604-408-8538,
rrandall@bmgmt.com Web Site: http://www.canoro.com
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