Jaguar calls for payment of $1,010 per $1,000 principal amount of debentures
as required under the Canadian Royalties Indenture
DEBENTURE HOLDERS TAKING A 20% HAIRCUT TO FINANCE AN EXCESSIVE PAYMENT OF $0.80 PER SHARE TO SHAREHOLDERS INCLUDING THE CANADIAN ROYALTIES CEO WHO OWNS ABOUT 4.9 MILLION SHARES
Jaguar believes, as a fundamental principle, that creditors should receive full recovery of their entire principal amount, plus the premium of 1% as required under the Indenture between CZZ and the Indenture Trustee as a result of the proposed change in control, prior to any payment being made to common shareholders in the Jien Offer. Jaguar considers it oppressive that Jien has not respected the basic priority of creditors over common shareholders of CZZ in the Jien Offer.
CZZ was not able to raise sufficient capital to put the Nunavik nickel project into production and accordingly the project has been placed on care and maintenance. CZZ is estimated to have about
If CZZ were to obtain creditor protection under the Companies Creditors Arrangement Act, the shareholders would receive nothing and Jaguar believes the holders of Debentures would receive 100 cents on the dollar for their Debentures from the proceeds of the sale of the Nunavik project. If the Nunavik sale proceeds exceed the total amount owing under the Debentures, the recovery by the shareholders would not be expected to be anywhere close to
Vic Alboini, Chairman and Chief Executive Officer of Jaguar stated: "We do not believe that holders of Debentures should be treated prejudicially under the Jien Offer compared to how holders of Debentures would be treated under a potential bankruptcy proceeding. It is incredible that the Debenture holders are not being paid 101 cents on the dollar as required under the Indenture when the Canadian Royalties CEO is driven to haircut the Debentures in order to finance his excessive payment for his approximately 4.9 million shares."
Jaguar is also concerned that BMO Capital Markets which acted as co-lead underwriter in the
Accordingly, Jaguar is considering various alternatives in order to block the Jien Offer, which may include, without limitation, Jaguar making an alternative superior offer to acquire approximately 34% principal amount of the Debentures including the Debentures already owned by Jaguar and certain other holders. If such an offer were made by Jaguar for the Debentures, Jaguar would not make an offer to acquire the shares of Canadian Royalties. Jaguar is also considering the commencement of an oppression action under applicable corporate legislation against the directors and officers of CZZ for their failure to pay the Debenture holders their payment of 101 cents on the dollar as required under the Indenture.
About Jaguar Financial Corporation
Jaguar is a Canadian merchant bank that invests in undervalued small capitalization companies in a variety of industry sectors.
The
For further information: on this press release, please contact: Vic Alboini, Chairman & Chief Executive Officer, (416) 644-8110; or Kyler Wells, General Counsel & Corporate Secretary, (416) 644-8177
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