"Security Investors to be granted security over all assets of the Issuer in accordance with the terms of the Note Trust Deed, subject only to the terms of the Priority Deed.
Security Ranking The Convertible Notes will have equal ranking security proportionally with the Bizzell Nominees Facility pursuant to the terms of the Priority Deed.
Status The Notes are direct and secured debt obligations of the Company.
Each Note ranks for payment in a Winding Up of the Company: (1) equally and proportionally with each Note and all Equal Ranking Obligations in accordance with the terms of the Priority Deed; and (2) ahead of all unsecured or subordinated debts of the Issuer and ordinary shareholders.
In order to give effect to the ranking, in any Winding Up of the Issuer, the claims of Holders are limited to the extent + See chapter 19 for defined terms. 04/03/2013 Appendix 3B Page 10 necessary to ensure that Holders of the Notes and holders of any Equal Ranking Obligations receive payments on a pro-rata basis.
The Bizzell Nominees Facility is the only permitted Equal Ranking Obligation. Bizzell Nominees Facility Means the Loan Facility Agreement between the Issuer as borrower and Bizzell Nominees Pty Ltd as trustee for the Bizzell Family Trust as lender, as amended from time to time."
In it's current financial position, if SB called up his debts, shareholders would get nothing in the event of the company winding up unless they can sell off its assets, i.e Agate Creek, to enable all Secured creditors and CN holders to be first satisfied.
BUT, the actual shares themselves will be worthless and unable to be traded.
Shareholders will be entirely in the hands of the liquidator.
BUT, I can't see SB putting the company into liquidation, as a liquidator would have to be involved and have complete control of all of Laneway's assets.
I would imagine that IF he took any action, he'd probably do a buy out with some token payment to shareholders. Remembering that there is "supposedly", "nominally" $600 million of gold in just 10% of the Agate Creek Licence.
In any case, even if SB doesn't shoot himself and all of us in the foot, I'm sure that for some reason he hates us pissy shareholders and it would just further antagnoize him. He could just let this drag for another 10 years. HE holds all the aces.
It took Cobbolod Gorge Tours 15 years to settle their TO agreement with the Ewamain People!!
As a shareholder, I'm not being unreasonable in asking if there just MIGHT be a problem being created. All shareholders should be equally concerned. Amen.
LNY Price at posting:
0.4¢ Sentiment: None Disclosure: Held
