Notice regarding USD 350M Senior Secured Bonds!
Nemaska Lithium receives Notice from the Nordic Trustee regarding its USD 350M Senior Secured Bonds
Nemaska ??Lithium Inc. (“Nemaska Lithium” or the “Corporation”) (TSX: NMX) (OTCQX: NMKEF) (Frankfurt: N0T) informs the market that it has been notified today of a notice published by Nordic Trustee AS who is holding in escrow the USD 350M proceeds from the Senior Secured Bonds (“Bonds”). The notice states that a written Bondholders` resolution seeking approval of Bondholders to instruct Nordic Trustee AS to refrain from effecting, among other things, any prepayment of the Bonds was approved with the requisite majority.
As previously disclosed, Nemaska Lithium is of the opinion that the resolution, published without the Corporation`s consent, has no legal effect on the Corporation or the Bond terms, as it purports to amend the Bond terms without the consent of the Corporation. Nordic Trustee AS has previously confirmed in writing to the Corporation that the deadline in Article 13.9 of the Bond terms to effect a prepayment of the Bonds expired on September 13, 2019. On this date the Bonds should have been prepaid at par together with accrued interest from the escrow account controlled by Nordic Trustee AS. The Corporation considers that Nordic Trustee AS is in breach of its obligations under the Bond terms and will take all measures available to it to protect its interests. Investors may refer to the press release of Nemaska Lithium dated September 17, 2019 for further information regarding the content of this press release.
About Nemaska Lithium
Nemaska Lithium Inc. is a developing chemical company whose activities will be vertically integrated, from spodumene mining to the commercialization of high-purity lithium hydroxide. These lithium salts are mainly destined for the fast-growing lithium-ion battery market, which is driven by the increasing demand for electric vehicles and energy storage worldwide. With its products and processes, the Corporation intends to facilitate access to green energy, for the benefit of humanity.
The Corporation will be operating the Whabouchi mine in Québec, Canada, one of the richest lithium spodumene deposits in the world, both in volume and grade. The spodumene concentrate produced at the Whabouchi mine will be processed at the Shawinigan plant using a unique membrane electrolysis process for which the Corporation holds several patents.
The Corporation is a member of the S&P/TSX SmallCap Index, S&P/TSX Global Mining Index, S&P/TSX Global Base Metals Index, S&P/TSX Equal Weight Global Base Metals Index, and the MSCI Canada Small Cap Index. For more information, visit www.nemaskalithium.com.
Cautionary Statement on Forward-Looking Information
All statements, other than statements of historical fact, contained in this press release including, but not limited to, those relating to the prescribed prepayment of the Bonds, breach of obligations by Nordic Trustee AS under the Bond terms and that the resolution published by Nordic Trustee AS has no legal effect for the Corporation or under the Bond terms, constitute “forward-looking information” and “forward-looking statements” within the meaning of certain securities laws and are based on expectations and projections as of the date of this press release. Certain important assumptions by the Corporation in making forward-looking statements include, but are not limited to, the application of Article 13.9 of the Bond terms and prescribed prepayment process of the Bonds’ nominal amount and accrued interest.
Forward-looking statements contained in this press release include, without limitation, those related to (i) the potential dispute with respect to the timing of the prescribed prepayment of the Bonds, (ii) and generally, the above “About Nemaska Lithium” paragraph which essentially describes the Corporation’s outlook. Forward-looking statements are based on expectations, estimates and projections as of the time of this press release. Forward-looking statements are necessarily based upon a number of estimates and assumptions that, while considered reasonable by the Corporation as of the time of such statements, are inherently subject to significant business, economic and competitive uncertainties and contingencies. These estimates and assumptions may prove to be incorrect.
Many of these uncertainties and contingencies can directly or indirectly affect, and could cause, actual results to differ materially from those expressed or implied in any forward-looking statements. There can be no assurance that the prescribed prepayment of the Bonds will not result in litigation involving Bondholders, Nordic Trustee AS and/or the Corporation, notably in light of the notice published by Nordic Trustee AS and response of the Corporation claiming the invalidity of the resolution and breach of obligations of Nordic Trustee AS under the Bond terms. Future events could differ materially what is currently anticipated by the Corporation.
By their very nature, forward-looking statements involve inherent risks and uncertainties, both general and specific, and risks exist that estimates, forecasts, projections and other forward-looking statements will not be achieved or that assumptions do not reflect future experience. Forward-looking statements are provided for the purpose of providing information about management’s expectations and plans relating to the future. Readers are cautioned not to place undue reliance on these forward-looking statements as a number of important risk factors and future events could cause the actual outcomes to differ materially from the beliefs, plans, objectives, expectations, anticipations, estimates, assumptions and intentions expressed in such forward-looking statements. All of the forward-looking statements made in this press release are qualified by these cautionary statements and those made in our other filings with the securities regulators of Canada including, but not limited to, the cautionary statements made in the “Risk Factors” section of the Corporation’s Annual Information Form dated October 10, 2018, and the “Risk Exposure and Management” section of the Corporation’s quarterly Management Discussion & Analysis. The Corporation cautions that the foregoing list of factors that may affect future results is not exhaustive, and new, unforeseeable risks may arise from time to time. The Corporation disclaims any intention or obligation to update or revise any forward-looking statements or to explain any material difference between subsequent actual events and such forward-looking statements, except to the extent required by applicable law.
Further information regarding Nemaska Lithium is available in the SEDAR database (www.sedar.com) and on the Corporation’s website at: www.nemaskalithium.com.
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