Almaden Announces Litigation Financing of up to US$9.5 million; Streamlines Arbitration Management
June 27 2024 - 6:00AM
Almaden Minerals Ltd. (“Almaden” or “the Company”; TSX:
AMM; OTCQB: AAUAF) is pleased to announce that further to
its press release of June 17, 2024, it has confirmed non-recourse
litigation funding in the amount of up to US$9.5 million to pursue
its international arbitration proceedings against the United
Mexican States (“Mexico”) under the Comprehensive and Progressive
Agreement for Trans-Pacific Partnership (“CPTPP”). The Company has
also agreed with Almadex Minerals Ltd. (“Almadex”) to an extension
to the maturity of its gold loan, and a litigation management
agreement to help streamline corporate management of the
arbitration process.
- Non-recourse funding secured to
pursue international arbitration proceedings against Mexico;
- Globally leading counterparty
validates quality of legal claims;
- Gold loan maturity pushed out from
March 31, 2026 to March 31, 2030;
- Litigation Management Agreement
streamlines corporate management of the arbitration proceedings to
save money and time.
Litigation Financing
The Company has signed a litigation funding
agreement (“LFA”) with a leading legal finance provider. The
facility is available for immediate draw down for Almaden to pursue
damages against Mexico under the CPTPP resulting from Mexico’s
actions which blocked the development of the Ixtaca project and
ultimately retroactively terminated the Company’s mineral
concessions, causing the loss of the Company’s investments in
Mexico.
The LFA provides funding which is expected to
cover all legal, tribunal and external expert costs of the legal
claims, as well as some corporate operating expenses as may be
required. The funding is repayable in the event that a damages
award is recovered from Mexico, with such repayment being a
contingent entitlement to those damages.
The financing follows extensive due diligence by
the finance provider. The financing size as well as the quality of
the provider is testament to the strength of the Company’s legal
claims against Mexico.
Gold Loan Amendment
The Company is also pleased to report that it
has agreed with Almadex to extend the maturity of the gold loan
(see press release of May 14, 2019) from March 31, 2026 to the
earlier of March 31, 2030 or the receipt by Almaden or its
subsidiary of any amount relating to its legal claims against
Mexico.
In return for this amendment, in addition to its
obligation to repay the gold loan, the Company has agreed to pay
Almadex 2.0% of the gross amount of any damages award that Almaden
may receive as a result of the legal claims, such repayment to be
subordinate to amounts due under the LFA, and any additional legal
and management fees.
Litigation Management
Agreement
Finally, the Company has agreed with Almadex and
its Mexican subsidiary to streamline the management of the
arbitration proceedings by entering into a Litigation Management
Agreement (“LMA”). Under the LMA, Almaden will bear the up-front
costs of the arbitration and provide overall direction to the
arbitration process for itself and its subsidiaries, as well as
Almadex and its subsidiaries, with certain limitations. Almadex
will remain a party to the arbitration and continue in its
cooperation and support of the process. As noted above, Almaden has
already secured litigation funding in the amount anticipated to be
needed to fully prosecute the arbitration proceedings.
Should the arbitration proceedings result in an
award of damages, the pro rata portion of those damages, if any,
which may be attributable to Almadex from the 2.0% NSR royalty it
held on the Ixtaca project will be determined. Almadex’s award will
consist of this pro rata portion, less its pro rata share of the
costs of pursuing the legal claims, including the financing costs
(the “Almadex Award”). Almadex will compensate Almaden in the
amount of 10% of the Almadex Award in exchange for managing the
claim proceedings.
On behalf of the Board of Directors,
“J. Duane Poliquin”____J. Duane
PoliquinChairAlmaden Minerals Ltd.
Safe Harbor Statement
Certain of the statements and information in
this news release constitute “forward-looking statements” within
the meaning of the United States Private Securities Litigation
Reform Act of 1995 and “forward-looking information” within the
meaning of applicable Canadian provincial securities laws. All
statements, other than statements of historical fact, are
forward-looking statements or information. Forward-looking
statements or information in this news release relate to, among
other things, the total potential cost of the legal claims and the
sufficiency of the money available under the LFA to cover these
costs, the ability of the LMA to streamline corporate management of
the legal claims, and the result and damages arising from the
Company’s request for arbitration.
These forward-looking statements and information
reflect the Company’s current views with respect to future events
and are necessarily based upon a number of assumptions that, while
considered reasonable by the Company, are inherently subject to
significant legal, regulatory, business, operational and economic
uncertainties and contingencies, and such uncertainty generally
increases with longer-term forecasts and outlook. These assumptions
include: stability and predictability in Mexico’s response to the
arbitration process under the CPTPP; stability and predictability
in the application of the CPTPP and arbitral decisions thereon; the
ability to continue to finance the arbitration process, and
continued respect for the rule of law in Mexico. The foregoing list
of assumptions is not exhaustive.
The Company cautions the reader that
forward-looking statements and information involve known and
unknown risks, uncertainties and other factors that may cause
actual results and developments to differ materially from those
expressed or implied by such forward-looking statements or
information contained in this news release. Such risks and other
factors include, among others, risks related to: the application of
the CPTPP and arbitral decisions thereon; continued respect for the
rule of law in Mexico; political risk in Mexico; crime and violence
in Mexico; corruption in Mexico; uncertainty as to the outcome of
arbitration; as well as those factors discussed the section
entitled "Risk Factors" in Almaden's Annual Information Form and
Almaden's latest Form 20-F on file with the United States
Securities and Exchange Commission in Washington, D.C. Although the
Company has attempted to identify important factors that could
affect the Company and may cause actual actions, events or results
to differ materially from those described in forward-looking
statements or information, there may be other factors that cause
actions, events or results not to be as anticipated, estimated or
intended. There can be no assurance that our forward-looking
statements or information will prove to be accurate. Accordingly,
readers should not place undue reliance on forward-looking
statements or information. Except as required by law, the Company
does not assume any obligation to release publicly any revisions to
on forward-looking statements or information contained in this news
release to reflect events or circumstances after the date hereof or
to reflect the occurrence of unanticipated events.
Contact Information:
Almaden Minerals Ltd.Tel. 604.689.7644Email:
info@almadenminerals.comhttp://www.almadenminerals.com/
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