Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”) is
pleased to report a US$27,000,000 settlement has been reached with
the United Republic of Tanzania (“
Tanzania”) in
the dispute arising out of the expropriation of Montero’s Wigu Hill
rare earth element project (“
Wigu Hill”).
The settlement sum of US$27,000,000
(approximately CDN $38,000,000) due to Montero is payable in just
over 3 months, with payments scheduled as follows:
- US$12,000,000– payable by 20
November 2024 –PAYMENT RECEIVED
- US$8,000,000– on or before 31
January 2025
- US$7,000,000– on or before 28
February 2025
The settlement sum represents ~39% of the
US$70,000,000 initially claimed by Montero. This settlement
obviates the need for a costly and time-consuming hearing, the risk
of an adverse award, enforcement efforts, and finally concludes a
near 7-year dispute.
Dr Tony Harwood, President and CEO of Montero
commented: “I am pleased Montero was able to reach an amicable
settlement with the government of Tanzania to bring a mutually
beneficial end to this dispute. This resolution allows both parties
to move forward, and we wish Tanzania every success in attracting
new mining investment. I would like to thank our shareholders,
board, management, and our legal and technical teams, for their
valuable contribution to this outcome.”
ICSID Arbitration
Montero and Tanzania have sent a joint request
to the arbitral tribunal to suspend the ICSID arbitration
proceedings, as the first payment has been received by Montero.
Subsequent payments are to be made by the specified dates provided.
Provided the final payment has been received by Montero, the
parties will request the arbitral tribunal discontinue the ICSID
arbitration altogether.
Distribution of Funds
Montero and its litigation funding partner, Omni
Bridgeway (Canada) will receive a distribution of the first
payment. The second instalment will be distributed to Omni
Bridgeway (Canada) and to Montero, and will also cover Montero's
operational needs and legal expenses, including payments to Boies
Schiller Flexner UK LLP and Jeantet AARPI. Montero will entirely
retain the final instalment.
Montero is planning a return of capital to
shareholders where no amount has yet been determined and is subject
to accounting review and board approval. In addition, Montero will
retain funds to cover legal, taxation, and administrative expenses,
including potential costs for arbitral proceedings, or enforcement
actions if the second or third instalments are delayed or unpaid.
The net amount of the award after repayment to the funder and legal
expenses cannot be estimated with certainty and no assurances can
be made. Further announcements will be made in due course.
Acknowledgments
The Board would like to especially thank Dr.
Tony Harwood for reaching this settlement. Without his
perseverance and significant efforts to not only develop Wigu
Hill initially, but to then safeguard and recover Montero’s
investment speaks to his dedication and commitment to the Company
and shareholders. Special thanks also to directors, the balance of
management, our loyal shareholders, legal advisers and accounting
team for their steadfast support and dedication throughout nearly
seven years of efforts to secure compensation for the Company’s
investment in the Wigu Hill Rare Earth Project. Montero’s legal
team includes Timothy Foden of Boies Schiller Flexner (UK) LLP and
Martin Tavaut of Jeantet AARPI. Quantum and technical expertise
provided by Dr. Neal Rigby of SRK Consulting (USA) Inc. with full
dispute funding secured from Omni Bridgeway, a leading global
dispute funder. This unwavering commitment enabled the Board to
achieve a favourable outcome for the benefit of shareholders.
Disclaimer
The conclusion of the ICSID arbitration and
payment of the remaining instalments is conditional on Tanzania’s
compliance with the settlement agreement. The agreement does not
provide for any security for the benefit of Montero in case
Tanzania would not pay any instalment, in which case Montero can
either resume the ICSID arbitration or seek enforcement of the
settlement agreement.
About Montero
Montero has agreed to a US$27,000,000 settlement
amount to end its dispute with the United Republic of Tanzania for
the expropriation of the Wigu Hill rare earth element project.
Montero will continue to seek a joint venture partner to advance
its Avispa copper-molybdenum project in Chile. Montero’s board of
directors and management have an impressive track record of
successfully discovering and advancing precious metal and copper
projects. Montero trades on the TSX Venture Exchange under the
symbol MON and has 50,122,975 shares outstanding.
For more information,
contact:Montero Mining and Exploration
Ltd. Dr. Tony Harwood, President, and
Chief Executive OfficerE-mail: ir@monteromining.comTel: +1 604 428
7050www.monteromining.com
Neither 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.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
INFORMATION: This news release includes certain "forward-looking
information" within the meaning of applicable Canadian securities
laws. Forward looking information includes, but is not limited to,
statements, projections and estimates with respect to the receipt
of the settlement sum of US$27,000,000 and the timing thereof and
with respect to the distribution of the settlement funds.
Generally, forward-looking information can be identified by the use
of forward-looking terminology such as “plans”, “expects” or “does
not expect”, “is expected”, “budget”, “scheduled”, “estimates”,
“forecasts”, “intends”, “anticipates” or “does not anticipate”, or
“believes”, or variations of such words and phrases or state that
certain actions, events or results “may”, “could”, “would”, “might”
or “will be taken”, “occur” or “be achieved”. Such information is
based on information currently available to Montero and Montero
provides no assurance that actual results will meet management's
expectations. Forward-looking information by its very nature
involves inherent risks and uncertainties that may cause the actual
results, level of activity, performance, or achievements of Montero
to be materially different from those expressed or implied by such
forward-looking information. Actual results relating to, among
other things, completion of the required instalments pursuant to
the settlement agreement with Tanzania, satisfactory arrangements
for the payment of the arbitration funder and legal expenses, the
ability of the Company to find suitable exploration projects,
results of exploration, project development, reclamation and
capital costs of Montero’s mineral properties, and financial
condition and prospects, all of which could differ materially from
those currently anticipated in such statements for many reasons
such as: an inability to obtain payment of the remaining instalment
amounts from Tanzania on the terms as announced or at all;
unanticipated expenses associated with the settlement; changes in
general economic conditions and conditions in the financial
markets; changes in demand and prices for minerals; litigation,
legislative, environmental and other judicial, regulatory,
political and competitive developments; technological and
operational difficulties encountered in connection with Montero’s
activities; and other matters discussed in this news release and in
filings made with securities regulators. This list is not
exhaustive of the factors that may affect any of Montero’s
forward-looking statements. These and other factors should be
considered carefully and accordingly, readers should not place
undue reliance on forward-looking information. Montero does not
undertake to update any forward-looking information, except in
accordance with applicable securities laws.
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