Apex Silver Mines Announces the Sale of the Rights to Deferred Payments to Sumitomo for $70 Million
02 Junho 2008 - 8:30AM
Business Wire
Apex Silver Mines Limited (AMEX:SIL) announced today that it had
reached an agreement in principle with Sumitomo Corporation in
which Sumitomo will purchase from Apex for $70 million Apex�s
rights pursuant to a Deferred Payment Agreement dated September 25,
2006. The Deferred Payment Agreement requires Sumitomo to make
deferred purchase price payments to Apex in respect to the 2006
acquisition of 35% of the San Crist�bal mine, consisting of: (i)
quarterly payments equal to 22.86% of Sumitomo�s share of payable
silver production from the San Crist�bal mine, or approximately 8%
of total payable silver production, payable in cash or silver at
Sumitomo�s option, and (ii) quarterly cash payments equal to 20% of
Sumitomo�s share of payable zinc production from the San Crist�bal
mine, or approximately 7% of total payable zinc production,
multiplied by the zinc price in excess of $1,800 per tonne. The
transaction is subject to the approval of the company and Sumitomo
Boards of Directors and is expected to close in June 2008. At March
31, 2008 Apex�s aggregate cash, restricted cash, short and
long-term investments totaled $198.9 million. The company�s
aggregate unrestricted cash and investments totaled $40.2 million.
Following closing of the transaction with Sumitomo, the company�s
unrestricted cash position would increase by $70 million. During
the first week of June, the company and Sumitomo plan to contribute
an additional $10 million to San Crist�bal. The company will fund
$6.5 million of this amount and the remaining $3.5 million will be
funded by Sumitomo. As previously noted, the amount of funding, if
any, that San Crist�bal requires depends on the relative amounts
and timing of concentrate production, revenues and expenditures,
which are difficult to predict while the mine continues to ramp up.
In addition, the company is continuing to explore with Sumitomo
other opportunities to further improve the financial position of
Minera San Crist�bal. Apex and Sumitomo are also continuing to work
with the lenders to increase flexibility under the San Crist�bal
finance agreements. San Crist�bal Operations Update The ramp up to
full production at San Crist�bal continues to proceed favorably,
with design throughput rates expected to be consistently achieved
by mid-year. The water well field is now producing sufficient water
to allow the plant to operate at design capacity. Failed wells and
pumps caused by excess salinity in the water are being
systematically replaced as necessary. Installation in the third
quarter 2008 of larger stainless steel casings and pumps should
provide a long-term solution. Improvements have been made in the
tailings density and the reclamation of water from the tailings
impoundment should result in additional water availability. During
May, San Crist�bal completed the 14 day throughput test provided
for in the Engineering, Procurement and Construction Management
Contract. During the test the plant achieved an average throughput
of 43,000 tonnes per day over 14 consecutive days, with several
days achieving rates of 50,000 tonnes per day, while confirming the
functionality of plant components. Jeffrey Clevenger, Apex�s
President and Chief Executive Officer commented, �We are pleased
with the support shown by our partner Sumitomo with this initial
action to improve the company�s financial condition, and for their
willingness to discuss additional liquidity support if necessary.
We are proud to stand with our partner as we strengthen our
alliance and commitment to San Crist�bal.� Forward-Looking
Statements This press release contains forward-looking statements
regarding the company, within the meaning of Section 27A of the
Securities Act and Section 21E of the Exchange Act, including
statements regarding the transaction pursuant to which Apex will
receive $70 million from Sumitomo in exchange for its rights to
receive deferred purchase price payments and the timing of the
same, the resulting increase in the company�s unrestricted cash,
the planned funding by the company of $6.5 million and Sumitomo of
$3.5 million to San Cristobal, potential future funding
requirements of San Cristobal, San Crist�bal ramp-up and the timing
of achieving consistent throughput at designed capacity, production
of sufficient water for plant operation at design capacity, the
functionality of plant components and exploration of opportunities
to improve the financial position of Minera San Cristobal and
increase flexibility under the San Cristobal finance agreements.
Actual results relating to any and all of these subjects may differ
materially from those presented. Factors that could cause results
to differ materially include refusal of the board of directors of
the company or Sumitomo to approve the deferred payments
transaction or the failure to satisfy other customary conditions to
closing of the transaction, delay in closing of the deferred
payments transaction, additional funding requirements of San
Cristobal, problems or delays in achieving full mill throughput
rates and anticipated metals production and recovery rates at San
Crist�bal, including shortages and other problems with reliability
of process water, material handling problems in the stockpile
reclaim system, difficulties in blending ore types and variations
in ore grade, inability to improve recoveries without affecting
throughput, plant availability and delivery of operating supplies
to the site, operating or maintenance problems or delays, continued
training needs of the plant workforce, labor disputes or strikes;
higher than anticipated mine or concentrator costs; inability,
without reducing unrestricted cash and investments to unacceptable
levels, to contribute funds to San Crist�bal if required; lack of
success in increasing flexibility under the San Cristobal financing
agreements or improving the financial position of Minera San
Cristobal, problems in emerging financial markets; inability to
obtain debt or equity financing on acceptable terms or at all, and
political unrest and uncertainty in Bolivia. The company assumes no
obligation to update this information. Additional information
concerning factors that could cause actual results to differ
materially from those in the forward-looking statements can be
found in the company�s Form 10-K filed with the SEC for the year
ended December 31, 2007.
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