Sierra Metals Responds to Most Recent Claims Made by Shareholder
May 18 2023 - 7:25AM
Business Wire
Sierra Metals Inc. (TSX: SMT) (“Sierra Metals” or
the “Company”) today issues a statement in response to the
news release issued by its shareholder Arias Resource Capital
(“ARC”) and its principal, Alberto Arias on May 15, 2023
(the “ARC News Release”) and ARC’s circular dated May 11,
2023 (the “ARC Circular”). Once again, the Company believes
it has an obligation to its shareholders to correct false or
misleading statements made by ARC.
The ARC News Release’s description of the Company’s 2021
strategic review process continues the pattern of inaccurate and
misleading statements from ARC and Mr. Arias. ARC indicated that it
“recently learned” about an all-cash offer. It was not an all-cash
offer. The Company did enter into negotiations with another party
which offered a cash and share deal with no premium to the market price of Sierra
Metals’ shares at the time of the bid (the “2021 Offer”).
The Company further negotiated with the proposed buyer, resulting
in a revised cash and share offer with a small premium to the then
market price. The decision not to accept the 2021 Offer was made
after extensive negotiation with the proposed buyer, consultation
with the Company’s financial advisors and at the recommendation of
the Company’s board of directors’ (the “Board”) then special
committee. If ARC is suggesting that the Board should accept a cash
and share deal with no or little premium to the market price of the
Sierra shares at the time of the offer, the Board disagrees.
Similarly, the Board is not prepared to recommend any current offer
that fails to provide fair value to the Company’s shareholders.
The ARC News Release and ARC Circular also included misleading
statements about an operational merger proposed by Compañia Minera
Kolpa S.A. (“Kolpa”), a company majority owned by ARC (or
its affiliates). ARC indicated in the ARC News Release that Sierra
Metals waited four months before reaching out to Kolpa about its
proposed transaction. From early on Sierra Metals repeatedly
invited Kolpa to participate in the Company’s current strategic
review. Kolpa refused. The Company nonetheless accommodated Kolpa
by informing Kolpa of timelines related to the process, thereby
allowing Kolpa to submit its bid in the same manner as all other
process participants. Furthermore, after receiving Kolpa’s revised
proposal, the Company conducted due diligence on Kolpa, including a
review of Kolpa’s data room. Following this due diligence process,
Sierra Metals made further requests to better evaluate the
valuation of Kolpa (including asking if Kolpa could arrange a site
visit for Sierra Metals’ management) to allow the Company to make
an informed counterproposal. Kolpa did not accommodate these
requests.
While Kolpa’s indicative proposal contemplated an operational
merger along with a concurrent US$30 million convertible debenture
financing by a third party, ARC and Mr. Arias have again failed to
provide their fellow Sierra Metals shareholders (who do not have an
equity interest in Kolpa) with complete information. ARC and Mr.
Arias have (repeatedly) neglected to communicate to fellow Sierra
Metals shareholders the dilutive effect of Kolpa’s proposed merger
(on a diluted and non-diluted basis). The Company was not able to
counter with a more reasonable equity split as the Company
requested additional information from Kolpa to make an informed
counterproposal based on the asset value of each of Sierra Metals
and Kolpa. This requested additional information has not been
provided and Kolpa alternatively suggested that Sierra Metals
submit a counterproposal based on inadequate information.
About Sierra Metals
Sierra Metals is a diversified Canadian mining company with
green metal exposure including copper, zinc and lead production
with precious metals byproduct credits, focused on the production
and development of its Yauricocha Mine in Peru and its Bolivar Mine
in Mexico. The Company is focused on the safety and productivity of
its producing mines. The Company also has large land packages with
several prospective regional targets providing longer-term
exploration upside and mineral resource growth potential.
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For further information regarding Sierra Metals, please visit
www.sierrametals.com or contact:
Securityholder Communications Advisor Christine Carson
President & CEO Carson Proxy Advisors Tel: (416) 804-0825
Email: christine@carsonproxy.com
Media Relations John Vincic Principal Oakstrom Advisors
Tel: (647) 402-6375 Email: john@oakstrom.com
Investor Relations Raj Vyas Vice-President, Corporate
Controller and Corporate Secretary Sierra Metals Inc. Tel: (416)
366-7777 Email: info@sierrametals.com
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