bosley
- 20 Feb 2004 09:34
hewittalan6
- 24 Oct 2006 08:40
- 21771 of 27111
greekman
- 24 Oct 2006 09:05
- 21772 of 27111
Alan,
Your link puts it clear and simple, but in fuller explanation than my previous post.
Also like the reiteration of a time scale.
From my post....LOI's...Not dead as they were LOI's for the sole purpose of intending to sign future agreements (contracts) if certain conditions, also already agreed are met. It would be impossible in a business sense to sign an LIO not being fully aware of the aforesaid conditions.
garyble
- 24 Oct 2006 10:10
- 21773 of 27111
Greekman,
SEO may have slipped up on the assumption they were free to licence the JV partners to produce resin with the MMPs, and as such could have been a key element of the LOIs.
It is also possible that a work-around would be SEO take on 100% responsibility for the MMPs and still retain commitment from the JV partners and therefore LOIs still valid.
Simply put, we do not know the details of the LOIs.
Not giving SEO the benefit of the doubt, as they have been very long on promises. I reckon, including this fund raising, they'd have tapped us for a total of 36m over the past 2.5 years....not a bad earner! Time to produce the goods I'd say.
I get the feeling that quite a few of us have been far too forgiving, especially as SEO have not been fair with us with regard to unambiguous news releases...LOI situation a prime example, as well as the GS "commercialisation".
oblomov
- 24 Oct 2006 10:17
- 21774 of 27111
Alan,
I dont think were so much disagreeing as attempting to arrive at the truth via different routes!
I note your post above relates to a US case and sets out US law and I assume the agreement would have to be covered by US law.
Reading a little from other sources about LOIs, it seems that a time limit is usually included and the intent can lapse when the limit is reached - no notice from either party being necessary.
Commitment to a Time Line: An LOI will set forth a time line for negotiations, including a deadline for closing the deal and what will occur if the parties fail to meet the deadline.
Link here:
http://www.coollawyer.com/webfront/internet_law_library/articles/law_library_letter_of_intent_article.php
There are binding and non-binding items - we dont know the balance of those in SEOs LOIs, but it says here LOIs
are typically non-binding, except for certain limited terms such as confidentiality, exclusivity, and allocation of costs and expenses. As the Southern District of New Yorks recent decision in Beekman Investment Partners, L.P. v. '
Link here:
http://www.reedsmith.com/library/search_library.cfm?FaArea1=CustomWidgets.content_view_1&cit_id=8047
However, even well drafted letters of this kind (the ones that we produce!) can be very difficult to construe if a dispute arises later on. They are to be avoided if at all possible'
Link here:
http://www.collyerbristow.com/Default.aspx?sID=88&cID=278&ctID=43&lID=0
Final word from a Barrister, from link below,
But please don't give up the endless letters of intent. They keep many happy families well-clothed and snug in these winter months. Clothed in wigs and gowns, of course.
http://www.tonybingham.co.uk/column/1999/19991203.htm
hewittalan6
- 24 Oct 2006 10:27
- 21775 of 27111
I chose the yank ones because I believe the LOI are with yank companys. Again, no evidence I can quote on here to support that.
I feel confident, I really do, but each to make his own decision, on his own research. I understand garys take on being cynical, and he echoes much of what i feel, but I feel happy with my holding once more, and look forward, as Tony says, to an interesting end to October and start to November.
We done well though, oblo. Views aired, facts found, disagreements(?) published and we are yet to call each other names!! Collectable.
Alan
sellsell
- 24 Oct 2006 10:33
- 21776 of 27111
alan, do you have any further info that makes you more comfortable?
hewittalan6
- 24 Oct 2006 10:44
- 21777 of 27111
Nothing I haven't already put on here.
In summary, Asda are committed. Wal-Mart want it. There are a minimum of 2 MMU's waiting to happen (according to SEO). Serious money men are happy to put 12 million into a company on the verge of bankruptcy and with no firm orders. French investment funds and miners pension funds are buying up stock at a higher price that I can buy for now and next week. If you do the sums, very few Starpol contracts equates to a much higher SP than now, and that has not even started on GS and all the other stuff that may come.
The downside?? None of this is getting confirmed by SEO and we are all fed up to the teeth of over promising from the management. SEO have no money left and there is an EGM next week.
Strangely, we all complain about SEO promises, yet when they shut up and say nowt, we complain even more!! What would we do if they published the details of the contracts and then they failed to finalise them??? We would crucify them, yet we moan when they refuse to give us details.
I don't feel sorry for them, they have brought this on themselves, but they are in a no win situation these days regarding offering news.
DYOR, as always, and SEO are still a gamble, though IMHO, the upside is as great as ever and the downside appears to be diminishing. After all, those putting up all that cash are not going to let it go bust if at all possible.
Alan
bhunt1910
- 24 Oct 2006 10:47
- 21778 of 27111
Keep on talking guys - the sp has just popped up - maybe you can talk it up some more !!
oblomov
- 24 Oct 2006 10:55
- 21779 of 27111
Alan, at the risk of again attempting to arrive at the truth via a different route to your goodself, might I say we wouldn't need to ask SEO for details if it weren't for the fact that everything they put out is ambiguous and as clear as mud!
bhunt1910
- 24 Oct 2006 11:02
- 21780 of 27111
My response from SEO was exactly the same as Alans - despite the fact that I pointed out that their last statement specifically mentioned that contracts were under discussion and LOI's were in place. They would not even confirm that the original statement was still true/current !
ths
- 24 Oct 2006 13:41
- 21781 of 27111
The news must be so massive that they are scared to even open the door a crack !
bhunt1910
- 24 Oct 2006 14:10
- 21782 of 27111
A flurry of purchases just in ??
greekman
- 24 Oct 2006 14:46
- 21783 of 27111
Bhunt,
In the event that the original statement is still true/current there is no requirement to confirm it, so SEO having in the past inundated us with needless news releases, are imho confirming it by not confirming it, if you follow me (by their silence).
If anything had changed, that is surely when they would have to put out a release.
No news is very frustrating, but thats how I read it.
bhunt1910
- 24 Oct 2006 14:49
- 21784 of 27111
Greekman - I agree with your logic - so why would they not confirm that there had been no change in the publicly stated position when I asked them?
oblomov
- 24 Oct 2006 14:58
- 21785 of 27111
Greek, then why did they confirm the numerous other points by putting them in the Prospectus?
greekman
- 24 Oct 2006 15:02
- 21786 of 27111
Again just an opinion, but they appear to have put a blanket policy out on answering E-Mails, IE wait for general news releases. My feeling (and that is all it is without anything to back it up) is that as soon as the funding is finalized, and the vote pasted news will follow almost immediately. I am only putting this down to the reasoning of my previous post 21783.
If I am wrong those who will come out gunning for me will be wasting their time as I will probably have shot myself, to save the wife the trouble.
After my last buy of SEO, I heard her on the phone discussing contracts. She kept referring to someone called, Dead eye Mcgurk and 10,000 was mentioned. I looked at the SEO web site but can't find him in the list of directors. Still nice to know she's taking an interest in the possible contracts and looking to buy shares in her own name.
greekman
- 24 Oct 2006 15:17
- 21787 of 27111
Oblomov,
The prospectus had to contain all the information to enable us poor punters to make the decision re the offer. They could not be selective in such a document and everything that was relevant to the offer had to be stated. That is what made it the most honest piece of info put out by SEO, warts and all.
bhunt1910
- 24 Oct 2006 15:18
- 21788 of 27111
tee hee
ths
- 24 Oct 2006 15:19
- 21789 of 27111
Yeah, gm, I am following the same strategy although I learned a few years ago not to let the wife know about any 'dead certs' dealing
oblomov
- 24 Oct 2006 15:31
- 21790 of 27111
Greek, we're going round in circles - thats where I came in saying everything is in the prospectus but the kitchen sink AND any mention of the LOI's.
I rest my case!