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Woulfe Mining Corp WFEMF

Woulfe Mining Corp is a mineral exploration company. It is engaged in the acquisition, exploration and development of mineral properties.


GREY:WFEMF - Post by User

Comment by Segusmundoon Dec 14, 2012 11:09am
406 Views
Post# 20730749

Delay and enforceability of the financing and JV "

Delay and enforceability of the financing and JV "

Roger that Geologyfella on your good posts on the potential lawyer delay factor. From personal experience, I know that however simple an agreement appears...any agreement.... the process is exponentially prolonged in direct proportion to: 1)  the number of lawyers involved researching the issues, drafting, and finalizing the agreement, 2) geographical separation of the lawyers, 3) involvement of laws of different jurisdictions (US, CA, and So. Korea), and, 4) big dollars, major, and/or many issues involved. In this case, unfortunately, we have all of these complicating factors. Moreover, the only parties that really appear in a hurry, but with the least bargaining position to demand a time deadline for completion appears to be.....Woulfe and its shareholders.  Thus, unless a formal drop dead financing completion deadline has been set  (with an enforcible damage/penalty clause for a parties failure to timely complete), I think it may be irresponsible for Woulfe, or anyone else, to be issuing formal projected dates of financing completion. It will happen when it happens. I am a little less concerned about ultimate enforement of the fundamental agreement between the parties. Although certainly not a legal opinion, it personally strikes me that the actions and representations of the parties thusfar appear pretty close to an already enforcible agreement, with only the details and paper to follow. Of course, these agreements are, no doubt, fraught with escape clauses for all parties. But, only subject to those clauses, it would seem that a relatively enforcible agreement may already exist amongst the parties. At least I assume that should be Woulfe's position. Otherwise, what is the legal significance of all the public representations that have been made by the parties over the last year? To be sure, shareholders have relied upon those pretty specific public representations.  So, again, from a legal perspective, at what point in this process is "a deal is a deal?" Only when it is signed? Maybe, but I think the enforceability issue is more complex than that. I assume and trust that we, the shareholders,  are only waiting for the details and paper to confirm an already enforcible agreement, subject to existing escape clauses and conditions.  At least, as a shareholder, that is the way I'm approaching this transaction. 

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