Mount Kellett Responds to Baja Mining’s Baseless Accusations and Fear Mongering
February 13 2012 - 7:00AM
Business Wire
The largest shareholder of Baja Mining Corp. (TSX: BAJ) (OTCQX:
BAJFF) (“Baja” or the “Company”), Mount Kellett Capital Management
LP (“Mount Kellett”), today expressed disappointment over the
management information circular filed by Baja on February 9,
2012:
“Baja’s circular is direct and undeniable proof of the need for
better oversight at the Company. Baja is seeking to misdirect
shareholders by making misleading, slanderous and incomplete
statements about Mount Kellett’s intentions. In addition, the
ridiculous hypotheticals put forward by Baja assume that Baja
shareholders have a limited understanding of shareholder rights and
Canadian securities laws, which is an insult to everyone
involved.
“We invested a substantial amount of capital in Baja because we
believe that there is tremendous potential for the Boleo copper
project. Primary copper assets on the verge of production are an
increasingly rare and coveted commodity globally. The scarcity of
these projects creates a significant value potential for all
shareholders, but Baja management is creating unnecessary risk due
to its governance practices.
“The company is at an extremely critical time in its evolution
and shareholders deserve better governance. To incorporate a few
new policies after having been publicly exposed for self-interested
decisions and poor oversight does not create faith in management or
trust in the Board to live up to its fiduciary
responsibilities.
“We fully supported the recent adoption of a shareholder rights
plan by the Company to protect shareholder value from opportunistic
approaches. The protection that shareholders now lack is
responsible and independent oversight at the Board level to protect
against self-serving enrichment and transfers of value in related
party transactions.
“Our independent nominees stand prepared to hold management
accountable and to uphold the necessary fiduciary duties to
shareholders to protect their investment in Baja. There is no
higher responsibility and our nominees will work in the best
interests of all shareholders. We look forward to shareholder
support for both of Mount Kellett’s nominees at the upcoming
special meeting.”
Mount Kellett noted that it supported Baja’s adoption of its
Shareholder Rights Plan and voted for its adoption in May 2011.
Further, Mount Kellett publicly confirms that:
- It has never planned, nor does it
intend, a takeover of Baja; and
- It has twice proposed signing a standstill agreement,
including most recently in mid-January when it offered Baja a
standstill against a takeover bid by Mount Kellett.
Mount Kellett finds it nonsensical that management is attempting
to distract shareholders with the threat of a takeover bid. For
instance:
- The shareholder rights’ plan, which
Mount Kellett supported, limits any takeover of the Company.
- Acquiring more than 20% of the common
shares of Baja would trigger onerous takeover bid requirements
under Canadian securities laws, which are compounded by the
Shareholder Rights Plan.
- Baja’s project financing contains a
change of control provision, which Mount Kellett has no intention
of jeopardizing.
Mount Kellett will shortly be disseminating its own circular,
which will further explain the simple and logical governance and
oversight failings of the Company that remain to be addressed and
the urgent and immediate need for independent shareholder
representation on the Baja Board of Directors.
About Mount Kellett Capital Management LP
Mount Kellett is a multi-strategy private investment firm
focused on global value, special situations and opportunistic
investing. The firm has approximately 100 employees with offices in
New York, Hong Kong, London, and Mumbai. The firm currently has in
excess of $6 billion in assets under management.
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