Zitat
Original von Tschonko
auratico,
Sinclair, doch hab ich schon gehört... 
Aber ich les ihn selten. Der link hat übrigens nen Beistrich drin...
und führt nicht zum gefragten Artikel sondern zum FAQ.
Grüße
Tschonko
Alles anzeigen
@ Tschonko
Es gibt da eigentlich keine ausgesprochenen Artikel von Sinclair, denn, obwohl er sehr geistreich formuliert, verfasst er keine Artikel, sondern es sind eher Einlassungen und auch Reden. Eine Zusammenfassung einer seiner Reden, worin er sich auf diese Junior/Major-Problematik bezieht:
http://www.mineweb.net/mineweb…age67?oid=19552&sn=Detail
Jetzt habe ich doch noch einen etwas ausführlicheren Text von Sinclair zu der Problematik gefunden - ich glaube, der stammt aus dem letzten Jahr. Ich stelle ihn hier einmal rein, damit der Thread auch ein wenig als Archiv zu diesem Thema benutzt werden kann:
What is a Non Recourse Loan and Why is it a Terminal Risk to the Gold Industry?
Author: Jim Sinclair
A non-recourse loan is made by a financing entity which states clearly that the only asset taken as collateral (the guarantee to a loan in case of failure to pay the principle and interest) to the lender is clearly defined, stated and emphatically singular.
In terms of a gold production loan, this means that if the borrower, the gold producer, fails to pay the loan, the lender can only take the singular asset defined in the loan agreement which is the project that is being financed. It cannot make any claim on the other assets of the company including its cash flow or anything else.
Now think for a moment what this means to the major gold producer. It means that they can borrow on a gold project in Tanzania like Bulyanhulu hypothetically $750,000,000 and if the Bulyanhulu project was to fail all the borrower has to do is hand over the failed project to the lender.
Isn’t that the sweetest deal you ever heard of? It allows a producer to finance a major mine and never lose a night’s sleep over it. In 95% of the cases of a new gold mine the only consideration for success of the project is the price of gold versus the cost of mining the gold.
This deal, non recourse borrowing, is perfectly legal and is so enticing that no one can really blame any company for having shifted from the normal combination of recourse borrowing and equity issues in order to develop a new mine.
Recourse borrowing means that if the loan fails the lender has the right to attach all and every asset of the borrower to liquidate in order to satisfy the loan defaulted upon. An equity issue means selling new shares to the public to raise money for a specific reason. In this case, the sale of stock would be for raising money to finance the construction. Therefore, if you can avoid putting all your assets on the line to a lender and issuing shares to the public and get what appears as free money, how can you possibly criticize an MIT MBA, a engineer or an geologist running a major gold producer for taking the non recourse loan way?
I clearly recall a conference call with the supposed derivative free Homestake mining when the president was questioned about the derivative connection to non recourse borrowing. The surprised president asked the stockholder if he really wanted Homestake to risk all their assets and issue more shares to finance projects. The Stockholder then went silent withdrawing the question.
However, there is one problem with all of this. The deal is too good to be true. Even the tenets of the deal are almost unbelievable in how it permits the major to avoid margin calls (they are tied to balance sheet condition and bond ratings), deliver forward and in many cases in a window of one day a year. What maniac lends money with so little protection?
Well there are no maniacs lending money in the billions. It simply does not work that way. The way it works is that the production loans are secured by a sale of gold in over-the-counter derivatives either by the producer or by a third party on behalf of the loan with the short sales of gold built into the loan agreement and therefore secreted from general view.
I have this week taken you through the impact on the majors step-by-step in the case of gold rising to incredible levels. There is a case study staring you right in the face and that is Ashanti. If you want to see the problem, the explosion, the resolution and the enrichment, it is all right there for your review. This will be the form of the result on the major gold producers still independent of the consolidation process. In all probability, the stockholders at the end of the day and with gold over $1000 will not be financially hurt by owning the major company that consolidates the industry. I will leave that to a missive itself, but I am right even on that apparent contradiction.
The real loser on all of this is the percentage JV that has signed on the non recourse loan which they must do. If you do a percentage JV deal with a major and have for example 25% of the partnership, then you are ABSOLUTELY responsible for 25% of the loan. You ABSOLUTELY must sign over your 25% of the property to the non recourse property loan agreement with the major as no lenders, lends on a fractured asset.
A fractured asset is less than 100% of the asset. Yes, the only asset that will be turned over to the lender is the project but in most cases how many projects does a junior have? The answer is one. If the price of gold buries the short of gold derivative and the balance sheet of the major gold producer due to new accounting rules , how can the major fail to pass along to the junior the demands made upon the major producer as a result of the short of gold derivative that is the foundation of the non recourse loan.
Majors are the only living heart donors. They are not into philanthropic activities except for PR. They will not spare their juniors when the contract says that if a cash call is made by the major and junior fails to meet that cash call they are diluted from a percentage arrangement to 10% of net profits. In the industry 10% of net profits equals ABSOLUTELY ZERO!
This is what non recourse loans are and what backs them, how they will impact the majors and how they will decimat totally, IMO, the junior exploration and development industry who have JV deals with majors and do not pay down their percentage of the entire development loans in the next 2 years.
As always, you cannot wake up people who are pretending to be asleep. The disaster will come to their doorstep and to their shareholders if they allow this to simply run along. Without taking defensive action today, they will be reduced to ashes in 2008. They can cure the problem but the first step is to admit the problem exists. Let any junior exploration and development company deny it. I call upon them to review their agreements then release to their shareholders clearly and absolutely that I am wrong because, I firmly believe they CANNOT do this.
You have a non recourse loan, you have a derivative risk - even if you cannot see it. I invite proof to the contrary in the form of company releases to their shareholders. IMO, this cannot be done without accepting severe legal exposure. By having a non recourse loan, it means you have a derivative risk. Now what else do you still need defined? It is my delight to answer your's and our reader’s questions."
grüsse
auratico