Again only guessing but by the sounds, cash makes this go away completely - it's not as if its an ongoing operations risk hanging over them once paid. And you'd be mad to settle for the full claimed amount. So say they settle for 3m plus a few hundred in legal fees - total speculation and if they have less of a leg to stand on maybe it's less (eg if it was incumbent on the offtaker to arrange delivery and they didn't and it expired, you might think less.).
That's around 1-1.5% of total finance. You run a sensitivity in the financier's model that checks profitability allowing for a conservative settlement payout and see if you're still in black. As the project economics are very, very good, I'd assume a 1.5% sensitivity to short term opex is not entirely going to blow up the IRR. Which in my view leaves the financiers not too worried. Not happy but not worried.
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Again only guessing but by the sounds, cash makes this go away...
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