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Snowy... how often do you see "binding" or non binding HoA never...

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  1. 3,857 Posts.
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    Snowy... how often do you see "binding" or non binding HoA never eventuate?

    Binding / non binding it all depends on the exact wording of the HoA. So potentially "binding" means very little.

    Re: "Twists and turns over the last 12 months makes one wonder what on earth these guys are really up to."

    I don't think that AYB know? They have been on the 5 farms for well over a year now! From memory under Landau's (ICBC Capital P/L) guidance they wanted $50m now it is down to $33m (plus equity)

    So after >12 months they still have not finalized any of the 5 farms? Although the implication is that they will complete the deal(s)

    The following, is from the milk for Fiji ann. 15-July-2016
    In my opinion does not actually say it is being completed.
    "With the complete execution of it's dairy complex (5 farms)" ((then X could happen))

    The following from the GM ann. 10-June-2016

    AYB is taking steps to proceed with 2 farms and AYB is seeking approval to proceed with 2 farms.
    It then goes on to say "if AYB later decides to proceed to acquire the remaining three farms. Then a couple of paragraphs later they go on to say "The company is currently in the process of finalizing it's debt financing arrangements to fund the acquisition of all 5 farms"

    This is pretty basic stuff and shouldn't be that hard to get right, at the very least be consistent, maybe the AYB person who monitors HC could clarify?
    Last edited by MeToo: 16/07/16
 
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