Atico Mining Enters into an Agreement with the Colombian Government Over El Roble Property Royalty Dispute and Provides Update on the Title Renewal
December 29 2021 - 6:00AM
Atico Mining Corporation (the “Company” or “Atico”) (TSX.V: ATY |
OTCQX: ATCMF) announces it has entered into an agreement (the
“Agreement”) with the National Mining Agency (“NMA”) in Colombia
related to the ongoing royalty dispute covering the El Roble
property. While the Company has maintained that it has been in good
standing with the requirements for a new title, with this agreement
the company has formally been brought into good standing by the
NMA.
As a part of the Agreement, the NMA and the
Company have also agreed to settle the dispute via binding
arbitration at the Center for Arbitration and Conciliation of the
Bogota Chamber of Commerce for the purposes of seeking an expedited
resolution to the ongoing claim, which is currently being resolved
in Colombian courts where the proceedings can last several years.
In contrast, the arbitration rules state the final decision by the
tribunal takes approximately six to twelve months from the
commencement of the arbitration process. To the extent that a final
ruling is made in favor of the Company, the Payment Plan will
cease, and any amounts already paid will be offset against future
royalty obligations. As advised by its Colombian legal counsel, the
Company continues to believe that it has a strong case for a
positive outcome in an upcoming arbitration.
The Agreement calls for the Company to enter
into a five-year Payment Plan, payable in biannual instalments for
a total amount of approximately US$21.9 million plus interest at a
6% annual rate. The Company will make an initial upfront payment of
US$1 million, followed by US$3.2 million in year 1, US$3.3 million
in year 2, US$3.4 million in year 3, US$5.8 million in year 4 and
US$9.7 million in year 5. The total amount payable represents all
outstanding royalty payments which the NMA has claimed through to
the end of December 2021. The parties have agreed to this interim
arrangement until a final arbitration decision is made.
For this arrangement to comply with Colombian
law, a secured guarantee equal to the value of the agreed payment
plan is required. The Company intends to provide the required
guarantee by granting security over 9,700 wet metric tonnes of
concentrate. The security and the guarantee will be released
proportionally as payments are made in accordance with the payment
schedule. The security may be substituted for another type at a
later date.
The Company continues to work towards renewing
the title to the El Roble property claims which are set to expire
on January 23, 2022. If the Company is unable to obtain the new
title on time, it will continue operating after the expiration date
while the process for the new title continues, as pronounced by the
NMA in response to a formal query made by the company. Although the
process for the new title is progressing favorably, there is no
assurance at this stage that the Company will obtain a new
title.
About Atico Mining Corporation
Atico is a growth-oriented Company, focused on
exploring, developing and mining copper and gold projects in Latin
America. The Company generates significant cash flow through the
operation of the El Roble mine and is developing its high-grade La
Plata VMS project in Ecuador. The Company is also pursuing
additional acquisition of advanced stage opportunities. For more
information, please visit www.aticomining.com.
ON BEHALF OF THE BOARD
Fernando E. GanozaCEOAtico Mining
Corporation
Trading symbols: TSX.V: ATY | OTCQX: ATCMF
Investor RelationsIgor DutinaTel:
+1.604.633.9022
Neither the TSX Venture Exchange nor its
Regulation Services Provider (as that term is defined in the
policies of the TSX Venture Exchange) accepts responsibility for
the adequacy or accuracy of this release.
No securities regulatory authority has either
approved or disapproved of the contents of this news release. The
securities being offered have not been, and will not be, registered
under the United States Securities Act of 1933, as amended (the
‘‘U.S. Securities Act’’), or any state securities laws, and may not
be offered or sold in the United States, or to, or for the account
or benefit of, a "U.S. person" (as defined in Regulation S of the
U.S. Securities Act) unless pursuant to an exemption therefrom.
This press release is for information purposes only and does not
constitute an offer to sell or a solicitation of an offer to buy
any securities of the Company in any jurisdiction.
Cautionary Note Regarding Forward
Looking Statements
This announcement includes certain
“forward-looking statements” within the meaning of Canadian
securities legislation. All statements, other than statements of
historical fact, included herein, without limitation the terms of
the payment plan, the timing of the arbitration proceedings, the
belief that the Company has a strong case for a positive outcome in
the royalty dispute, the intention to provide the required
guarantee by granting security over 9,700 tonnes of concentrate,
the potential for the guarantee of concentrate to be substituted
for other security at a later date, the potential renewal of title
to the claims comprising the El Roble property and the continuation
of operations while a new contract is perfected and a new title is
obtained , are forward-looking statements. Forward- looking
statements involve various risks and uncertainties and are based on
certain factors and assumptions. There can be no assurance that
such statements will prove to be accurate, and actual results and
future events could differ materially from those anticipated in
such statements. Important factors that could cause actual results
to differ materially from the Company’s expectations include
uncertainties as to the timing and process for renewal of title to
the El Roble claims; uncertainties relating to interpretation of
drill results and the geology, continuity and grade of mineral
deposits; uncertainty of estimates of capital and operating costs;
the need to obtain additional financing to maintain its interest in
and/or explore and develop the Company’s mineral projects;
uncertainty of meeting anticipated program milestones for the
Company’s mineral projects; the world-wide economic and social
impact of COVID-19 is managed and the duration and extent of the
coronavirus pandemic is minimized or not long-term; disruptions
related to the COVID-19 pandemic or other health and safety issues,
or the responses of governments, communities, the Company and
others to such pandemic or other issues; and other risks and
uncertainties disclosed under the heading “Risk Factors” in the
prospectus of the Company dated March 2, 2012 filed with the
Canadian securities regulatory authorities on the SEDAR website
at www.sedar.com. Readers should not place undue reliance on
forward-looking statements, which speak only as of the date made.
The forward-looking statements contained in this release represent
our expectations as of the date of this release. We disclaim any
intention or obligation or undertaking to update or revise any
forward-looking statements whether as a result of new information,
future events or otherwise, except as required under applicable
securities laws.
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