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Ann: Remus Non-Binding Indicative Proposal, page-99

  1. 16,120 Posts.
    lightbulb Created with Sketch. 3710
    The JVA does not cover take overs from my reading but below is from the actual Hunt Oil PSC.
    I'm not sure Senegal could block anyone from entering the JV if they can prove they have the cash required.

    ARTICLE 29

    ASSIGNMENT RIGHTS AND CONTRACTOR CONTROL

    29.1. In accordance with the provisions of the Petroleum Code, the rights and obligations resulting
    of this Contract may not be assigned, in part or in whole, by any
    of the entities constituting the Contractor without the
    prior approval of the Minister. The assignment must cover all the rights and obligations
    relating to this Contract.
    If within sixty (60) days following notification to the Minister of the proposed transfer
    accompanied by the deed of transfer, the latter has not notified its reasoned opposition, this
    assignment will be deemed to have been approved by the Minister at the expiration of said time limit.
    From the date of approval, the assignee (s) will acquire the status of
    Contractor and must meet the obligations imposed on the Contractor by the
    Petroleum Code and by this Contract to which they will have adhered prior to the assignment.
    In the event of a transfer to an Affiliated Company, the Minister will authorize the said transfer and
    may request, if necessary, that the parent company submit for the approval of the
    Minister a guarantee of proper performance of the obligations arising from this
    Contract.
    29.2. The Contractor is also required to submit for the prior approval of the Minister:
    a) Any change of person or any project which could lead, in
    particular by means of a new distribution of company titles, to a
    modification of the control of the Contractor or of an entity constituting the
    Contractor. The
    distribution of the share capital, the
    nationality of the majority shareholders, as well as the statutory provisions
    relating to the registered office and the rights and obligations attached to the corporate securities will be considered as elements of control of the Contracting Party or of an entity constituting the Contracting Party .
    However, transfers of company securities to Affiliated Companies will be free.
    As for transfers of corporate securities to Third Parties, they will not be subject to
    the approval of the Minister only if they have the effect of placing in their hands
    more than twenty-five percent (25%) of the capital of the company.
    b) Any project for the constitution of security interests in goods and installations assigned to
    Petroleum Operations.
    The projects referred to in this article 29.2 will be notified to the Minister. If within
    sixty (60) days of said notification, the Minister has not notified the
    Contracting its reasoned opposition to project audits, these are deemed to be approved ....
 
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