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Sonora Lithium Project Arbitration Funding

In brief · summary, not quotable

Cadence Minerals plc has received a Funding Confirmation Notice from LCM Funding SG Pty Ltd, securing non-recourse litigation financing for its arbitration against the United Mexican States concerning its investments in the Sonora Lithium Project. This funding, which will cover legal fees and disbursements according to an agreed budget, significantly strengthens Cadence's ability to pursue its claims under the UK-Mexico BIT, which it believes were breached by measures including the cancellation of mining concessions amidst Mexico's lithium nationalisation. The company views this as a crucial step in protecting shareholder value and seeking redress while preserving its balance sheet flexibility.

Full announcement

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Cadence Minerals plc (AIM: KDNC) ("Cadence") is pleased to announce that LCM Funding SG Pty Ltd ("LCM" or the "Funder") has completed due diligence and issued a Funding Confirmation Notice ("FCN") under the Arbitration Funding Agreement ("AFA") entered into between LCM, Cadence and Cadence's wholly owned subsidiary, REM Mexico Limited ("REM Mexico"), regarding claims arising in relation to Cadence and REM Mexico's investments in the Sonora Lithium Project in Sonora State, Mexico. With funding secured, Cadence and REM Mexico intend to commence international arbitration against the United Mexican States under the agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Mexican States for the Promotion and Reciprocal Protection of Investments ("UK-Mexico BIT").

Following LCM's issuance of the FCN, non-recourse litigation financing is now available to Cadence and REM Mexico, subject to the terms of the AFA, to support Cadence and REM Mexico in pursuing their claims under the UK-Mexico BIT. Under the signed arrangements, LCM has agreed to pay Cadence and REM Mexico's legal fees and disbursements in accordance with an agreed budget on a non-recourse basis.

Highlights

  • FCN issued by LCM following completion of LCM's due diligence in relation to Cadence and REM Mexico's claims against Mexico under the UK-Mexico BIT.
  • Non-recourse litigation funding now available to support Cadence and REM Mexico's legal claims in relation to their investments in the Sonora Lithium Project in accordance with an agreed budget and the terms of the AFA.
  • Cadence believes this funding materially strengthens its ability to pursue its legal claims in relation to the Sonora Lithium Project in a well-resourced manner, while preserving corporate balance sheet flexibility.

Kiran Morzaria, Chief Executive Officer of Cadence Minerals, commented:

"We are pleased that LCM has completed its due diligence and issued the Funding Confirmation Notice in relation to Cadence and REM Mexico's legal claims regarding the Sonora Lithium Project. This is an important milestone as it provides dedicated non-recourse funding to support the advancement of the claims.

The measures that Mexico took against our interests in the Sonora Lithium Project breached the protections afforded to us under the UK-Mexico BIT. This funding materially strengthens our ability to pursue the arbitration in an appropriately resourced manner, while preserving balance sheet flexibility and supporting our objective of protecting shareholder value and seeking appropriate redress.

Cadence and REM Mexico's legal claims under the UK-Mexico BIT

Cadence and REM Mexico's claims arise from measures taken by the United Mexican States that destroyed the value of Cadence and REM Mexico's investments in the Sonora Lithium Project. In particular, those measures include the cancellation of the mining concessions in which Cadence and REM Mexico held a significant interest against the backdrop of Mexico's nationalisation of its lithium sector. Those measures breached protections owed by Mexico to Cadence and REM Mexico and their investments in Mexico under the UK-Mexico BIT, including protections against unlawful expropriation and unfair, arbitrary or discriminatory treatment.

Cadence and REM Mexico have previously approached the Mexican Government to seek consultations and negotiations under the UK-Mexico BIT and now intend to pursue their claims in international arbitration to protect the value of their investments and seek appropriate redress. Notwithstanding, Cadence and REMML remain open to a negotiated settlement with Mexico.

Arbitration Funding Agreement

Under the AFA, sums advanced by LCM are made available on a non-recourse basis, such that Cadence and REM Mexico are under no obligation to repay those sums if their legal claims do not succeed and no recovery is made.

Cautionary and Forward-Looking Statements

Cleaned text: letterheads, contacts and legal notices removed. View the original announcement ↗ · Company filings. Not investment advice.

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