Chronology of events (2025) (when you are reading the below - think about how long all of this has been in the works).
1. Jervois suspends trading on the ASX - 2nd January 2025.
2. Jervois announces same day that it has signed a recapitalisation agreement with Millstreet Capital Management - which will result in Jervois being recapitalised via a US. Chapter 11 bankruptcy procedure - 2nd January 2025.
3. Jervois Texas LLC - incorporated in Texas - 14th January 2025 (first step of Texas Two-Step tactic).
4. ASX grants Jervois a waiver of shareholder approval re: above recapitalisation plan - 15th January 2025.
5. Jervois commences Chapter 11 in Texas bankruptcy court. - 29th January 2025.
6. Lawyers acting for Jervois reject four separate requests by the shareholder activist group JAG (Jervois Action Group) to hold an EGM under S249D of the Corporations Act. A fifth request including a S203D removal of directors is sent to the company via lawyers acting on behalf of JAG.
7. Company stalls for time until after the Texas court hearing.
8. Texas bankruptcy court judge rejects multiple objections and rubber stamps Jervois’ recapitalisation plan. Judge hands down his decision in the hearing - meaning that he had already made his decision well in advance. His reasons for judgement included a 139 page document. Farcical process. - 7th March 2025.
9. Same day - company announces receipt of S203D & S249D notices and that it would “consider” them. - 7th March 2025.
10. Appointment of Voluntary Administrators announced to wind up the Australian entities and give effect to the recapitalisation agreement approved in a Texas court and without shareholder approval. This appointment cancels the S203D & S249D requests of shareholders to hold directors accountable. The DOCA mentioned includes an indemnity against any future liability for the directors. - 12 March 2025.
Shareholders held on last year believing that the company was acting in their best interests.
Do you think the above strategy was executed overnight?
Bryce is on the record as saying that ultimately Millstreet didn’t want other investors in there. When was he first made aware of this? And what actions did he take to protect the company’s (and shareholders) interests once he was made aware of Millstreet’s intentions?
Who are the “New Equity Interests” being rewarded 10% of the newly created private entity?
Honestly, this is worthy of a documentary show.
The only option I can see as a shareholder is a class action against individual directors - something I am looking into right now.
Add to My Watchlist
What is My Watchlist?