Quarterly Report for the period ended 30 June 2009
31/07/2009 6:54am
UK Regulatory
TIDMDON
DiamonEx Limited
AIM Release
31 July 2009
QUARTERLY REPORT
FOR THE QUARTER ENDING 30 JUNE 2009
- Continuing suspension in trading of DiamonEx Limited ("DiamonEx" or
the "Company") Shares
- Execution of formal agreement for sale of majority interest of
Diamonex Botswana Limited delayed
- Lerala mine and plant on care and maintenance
Background
Diamonex Botswana Limited under Judicial Management
As previously announced the impact of the global financial crisis on
world diamond markets has rendered the production of diamonds by
Diamonex Botswana Limited (DBL), DiamonEx's fully owned subsidiary
uneconomic.
A decision was made to apply to the High Court of Botswana for DBL to
be placed under Judicial Management. The Judicial Management Order
was confirmed on 27 March 2009 (Botswana time) and provides DBL with
a period of immunity from claims from its creditors.
The restructuring plan (Restructure) previously announced to the
market was expected to be completed by end of May 2009.
Status
As previously announced one of the key issues for the completion of
the Restructure was obtaining the agreement of DBL's finance
providers to the Restructure and to enter into interim settlement
arrangements with those finance providers. Delays in finalising these
arrangements with the finance providers have delayed the completion
of the Restructure.
The European Investment Bank (EIB) is a key finance provider for DBL.
Notwithstanding efforts by the Board and the proposed purchaser of
the majority interest in DBL to reach an interim arrangement with
EIB, EIB has elected to seek an order from the Botswana Courts to
terminate the Judicial Management process. The hearing of EIB's
application was held on 26 June 2009 and a decision is pending. The
Restructure can not progress until judgement is given. The Company is
unable to give any indication of the result of the case, however, the
Board is proceeding on the basis that the decision should confirm the
Judicial Management order and possibly impose certain conditions.
In addition, EIB have made an application to the Botswana Courts
seeking an order regarding the enforceability of the Deed of Pledge
and Cession of Claims executed by DiamonEx and EIB. DiamonEx has
engaged a Gaborone, Botswana based law firm to advise on this matter
and subject to the advice provided intends to be in a position to
defend EIB's claim. No date has been set for the hearing of this
application.
Suspension of Trading
Upon obtaining the initial Judicial Management order, application was
made to the Australian Securities Exchange, the Botswana Stock
Exchange and the Alternative Investment Market of the London Stock
Exchange to suspend trading in DiamonEx's shares. The Company's
shares remain in suspension and will remain so until such time as the
Company has completed the Restructure subject to all necessary
regulatory approvals being obtained.
The timing for the completion of the Restructure and the re-admission
of the shares to trading will be in part determined by the conclusion
of the legal proceedings in Botswana. The Board anticipates that its
shares will remain suspended from trading up until 31 December 2009.
The Future
Completion of the Restructure will require the holding of a general
meeting of DiamonEx shareholders to approve the sale of 80% of DBL
and the restructuring process. All efforts of DiamonEx and the
purchaser of the majority interest in DBL are being applied to bring
this transaction to completion.
Lerala under care and maintenance
Currently the Lerala diamond mine is under care and maintenance,
supervised by the court appointed judicial manager.
Exploration activities
No exploration activities have been undertaken by the Company in the
last quarter.
OUTLOOK FOR THE NEXT QUARTER
The focus for the current quarter will be finalising the arrangements
to complete the Restructure, on developing a funding strategy for
DiamonEx that will provide a stable financial basis and in acquiring
a suitable development project to take DiamonEx forward.
For and on behalf of the Board
Paul Crawford
Company Secretary
For further information contact:
Dan O'Neill
Managing Director
Tel: +61 7 3720 8944
Mob: +61 407 596 942
Email: diamonex@diamonex.com.au
Greg King
Chairman
Tel: +61 7 3720 8944
Mob: +61 41 473 730
Email: diamonex@diamonex.com.au
Will Souter or Rob Adamson
RFC Corporate Finance Ltd (Nomad)
Tel: +61 2 9250 0050
+61 2 9250 0041
Email: will.souter@rfc.com.au
rob.adamson@rfc.com.au
Fox-Davies Capital Ltd (AIM Broker)
Tel: +44 20 7936 5200
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