@ralphmouth
Thank you for the comments from your attendance at the 2023 AGM.
Q&A and discussions with Directors /Management after the formal part of the meeting always bears fruit.
Based on your post, I went back to have a look at the original OZ Minerals/Havilah Terms Sheet this morning Post #:61445329
Clause 14.1 ‘Non-exercise of Kalkaroo Option’ activated, so Clause 15.1(b) ‘Termination’ kicks in.
If no date specified by BHP, termination would be on 10 May 2024.
'Santa' Clause 35(a) Assignment is allowed, but needs approval of both parties (such consent not to be unreasonably withheld).
In theory, all 4 of the original OZ Minerals/Havilah agreements could be assigned: Call Option agreement, Strategic Alliance agreement, Compensation agreement, Asset Sale agreement.
Notes:
1. The subject line on the ASX released did say Havilah-BHP Kalkaroo Alliance To End
2. The above now answers the question I had on why BHP did not wait until all the assay results were received and analysed for the recent Strategic Alliance drilling at Eurinilla and North Dome Closure, before 'pulling the plug' on the Kalkaroo Call Option.
3. If not via assignment of the Kalkaroo Call Option, any sale of Kalkaroo would definitely require new shareholder approval under ASX Listing Rules (as Kalkaroo is considered a 'material' asset of Havilah).
Cheers
These are only my thoughts and it does not constitute investment advice. Before acting on any information you read and before making any financial or investment decisions, you should always consult your advisor(s) or other relevant professional experts.
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