American CuMo and IEMR (HK) Have Agreed to Dismiss the Application by IEMR (HK) to Appoint a Receiver
Vancouver, B.C., January 27, 2015: American CuMo Mining Corporation (“CuMoCo” or the “Company”) (TSXV: MLY; OTCQX: MLYCF) wishes to announce the Company and International Energy & Mineral Resources Investment (Hong Kong) Company Limited (“IEMR (HK)”) have agreed to settle IEMR (HK)’s existing receivership application (the “Existing Receivership Application”) and American CuMo’s application for security for costs (the “Security for Costs Application”), both scheduled for hearing on January 27 and 28, 2015.
The terms of the agreement are as follows:
- The parties will consent to an order dismissing the Existing Receivership Application (the “Order”) on the follows terms:
- the Order will be without costs to either party;
- the Order will state that it is made without prejudice to IEMR (HK)’s right to proceed with the Action on the basis of the facts alleged in the Notice of Civil Claim and without prejudice to any future right IEMR (HK) has under the subject notes and security agreement (the “Notes and Security”), including the right to bring a new application for the appointment of a receiver in the event a judgment is made in the Action in favour of the Plaintiff or there is a default under the Notes and Security other than a default arising out of the facts alleged in the notice of application filed in the Existing Receivership Application;
- the Order will state that IEMR (HK) shall not bring any further interlocutory applications for a receiver unless there is a future default under the Notes and Security other than a default arising out of the facts alleged in the notice of application filed in the Existing Receivership Application;
- The parties will consent to an order dismissing the Security for Costs Application without costs to either party;
- As consideration for American CuMo’s waiver of costs in accordance with paragraph 2, IEMR (HK) will permit American CuMo to set off any future costs award made by the Court against IEMR (HK) in favour of American CuMo against the amounts owing under the Notes and Security and the letter setting out the terms of the agreement shall constitute an amendment in writing of the Notes and Security to allow for this right of set-off.
The Annual General Meeting will now proceed on the adjusted date of Wednesday, March 18 2015 at 10:00 a.m., at a place to be announced, to give additional time for possible financings that may require a shareholder vote. Information on the agenda will be mailed on or about February 17, 2015 to all shareholders.
CuMoCo is focused on advancing its CuMo Project towards feasibility and establishing itself as one of the largest and lowest-cost molybdenum producers in the world as well as a significant producer of copper and silver. Management is continuing to build a strong foundation from which to move the Company and the CuMo Project forward. For more information, please visit www.cumoco.com and www.cumoproject.com
For further information, please contact:
American CuMo Mining Corporation
Shaun Dykes, President and Chief Executive Officer
Tel: (604) 689-7902
Neither the TSX Venture Exchange nor its Regulation Service Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this new release.
This news release contains “forward-looking information” within the meaning of applicable Canadian securities legislation including, but not limited to, statements that address activities, events or developments that the Company expects or anticipates will or may occur in the future, such the Company’s ability to move its CuMo Project to feasibility and production, and to become one of the largest and lowest-cost molybdenum producers in the world as well as a significant producer of copper and silver. Forward-looking information is based on a number of material factors and assumptions, including the result of exploration activities, the ability of the Company to raise the financing for a feasibility study and to put the CuMo project into production, that no labour shortages or delays are experienced, that plant and equipment function as specified that the Court will not intervene with the Company’s proposed exploration activities at the CuMo Project, and the ability of the Company to obtain all requisite permits and licenses to advance the CuMo Project and eventually bring it into production. Forward-looking information involves known and unknown risks, future events, conditions, uncertainties and other factors which may cause the actual results, performance or achievements to be materially different from any future prediction, projection or forecast expressed or implied by the forward-looking information. Such factors include, among others, the interpretation and actual results of current exploration activities; changes in project parameters as plans continue to be refined; future prices of molybdenum, silver and copper; possible variations in grade or recovery rates; labour disputes and other risks of the mining industry; delays in obtaining governmental approvals or financing, as well as those factors disclosed in the Company’s publicly filed documents, including the Company’s Management’s Discussion and Analysis for the financial year ended June 30, 2014. There may be other factors that cause actions, events or results not to be as anticipated, estimated or intended. There can be no assurance that forward-looking information will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place undue reliance on forward-looking information. Except as required under applicable securities legislation, the Company undertakes no obligation to publicly update or revise forward-looking information.