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Gold/Mining/Energy : Exall Resources/Glimmer Resources

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To: James N. Wilson who wrote (726)12/1/1998 8:12:00 AM
From: Winzer  Read Replies (1) of 1319
 
James,

Many thanks! TOM Capital is the outfit that is drilling on GME property?

I adjusted the FD GME to 8.2mln on my spread sheet (plus a currency conversion) and it still came in looking like +250% from present levels.

I read the "Legal" section of Form 61 (Quartely Report) and it appears that GME is also holding out for its "bargaining position" because it has significant ground to attain. i.e. I suspect/speculate that GME is claiming that EXL did not know the difference between "cash" and "kind" (e.g. buy a Scooptram for $50,000 saying the replacement cost is $150,000 and calling it a "cash" contribution). Nothing that a good lawyer couldn't fix ahead of time.

Based on my experience, and I am not saying that any of this happened in this case; but when original agreement is being "thrown together" the "stronger" of the JV partner would tend to "set up" smart clauses in an agreement where they may be able to "chisel" equity contributions from the "weaker/begging" JV'er.

To make a long story even longer, I read into this that GME is going after a greater than 50% ownership and operator status:

"After certain issues relating to due diligence expenses and management fees have been agreed upon by the parties or resolved by the ruling judge, the ownership percentages are to be determined on a reference to another judicial officer. The reference matter will be determined by the methodology used by Glimmer's forensic expert which concluded that Glimmer's interest exceeded fifty percent by January 31, 1997".

Any guesses as to how much above 50% GME's claim is?

Cheers Winzer
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