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  1. #10831
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    Default the well formerly known as

    The well is henceforth known as Digger-1 in honour of NZO'S most faithful shareholder.

  2. #10832
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    NZO
    12/09/2011 11:55
    GENERAL

    REL: 1155 HRS New Zealand Oil and Gas Limited

    GENERAL: NZO: Insurance settlement for Pike River Coal Limited

    NZOG (New Zealand Oil & Gas Limited) has been advised by the Receivers for
    Pike River Coal Ltd (In Receivership) (PRCL) that a conditional agreement
    has been reached with PRCL's insurers in respect of material damage and
    business interruption insurance claims associated with the tragic events of
    19 November 2010. While all of the parties have reached an in principle
    agreement to the terms of the settlement, the settlement remains subject to
    execution of formal documentation by NZOG, BNZ and the owners of the leased
    mining equipment who have priority rights.

    The Receivers and NZOG have agreed that some of the insurance settlement
    should be directed to PRCL's unsecured creditors, including contractors and
    former employees, through an early payment plan.

    At the time of the events in November 2010, PRCL held extensive insurance
    with a cap of $100m. PRCL's Receivers have advised today that they have
    agreed with the insurers to a payment of NZ$80m in full and final settlement
    of claims under those insurance policies. The Receivers expect to receive the
    settlement proceeds around the end of September this year.

    Approximately $6.3m will be paid to the owners of leased mining equipment
    arising from their priority rights, leaving approximately $73.7m to put
    towards PRCL's debts.

    The Bank of New Zealand is a first ranking secured creditor owed
    approximately $23.2m and will be paid in full.

    As the other first ranking secured creditor, NZOG has legal priority to all
    of the remaining monies. However, Chief Executive David Salisbury says NZOG
    recognises the huge and ongoing impact the tragic events have had on the West
    Coast community.

    "Hopefully all of PRCL's creditors can receive full payment when the sale of
    the mine occurs. However, for the mine workers, contractors and suppliers
    this has been a very stressful time, emotionally and financially. We
    therefore support the Receivers using some of the insurance payout to make a
    voluntary early payment now to all unsecured creditors."

    The details of the early payment arrangements have been determined by the
    Receivers and are supported by NZOG.

    Under the proposal, unsecured creditors will receive a payment of the first
    $10,000 of their claim (or their full claim if less than $10,000) and up to
    20c in the dollar for any balance above that amount, up to a capped aggregate
    amount of $10.5m. Unsecured creditors are not being asked to reduce their
    total claim and will still be entitled to claim for the full remaining
    balance, once the Receivers complete the sales process. Unsecured creditors
    will be asked to agree to a moratorium on certain actions they could
    otherwise contemplate, including seeking the appointment of a liquidator.
    This will support the Receivers' sales process in the interests of all PRCL's
    creditors and investors. As the total amount available for early payment to
    unsecured creditors under the proposal is limited, the amount to be paid to
    each creditor may need to be reduced if actual claims accepted are greater
    than the amounts of claims known to date.

    Under Section 229 of the Companies Act 1993, a Notice of Meeting is being
    sent to all creditors and they will be asked to submit postal votes on the
    early payment plan, which if accepted by a majority in number representing at
    least 75% in value of each class of creditors, will be binding on all
    creditors. NZOG understands that details of the early payment plan will be
    mailed to creditors within the next week.

    If the early payment plan is approved, the unsecured creditors (including
    NZOG and the owners of leased mining equipment) will receive payments. On
    the basis of known creditor claims to date, around 243 creditors will be paid
    in full and 222 creditors will receive a part-payment.

    NZOG will receive $3.0m as part-payment of its total unsecured debt of
    $15.1m. The remaining sum from the insurance settlement will pay off
    approximately $38.3m of the $53.0m in secured debt held by NZOG. This will
    reduce NZOG's remaining debt to $14.7m secured and $12.1m unsecured. NZOG
    also has a 29.4% shareholding in PRCL.

    David Salisbury says as a secured creditor, NZOG has sought to have a
    constructive influence since the tragedy occurred.

    "Following the mine explosion on 19 November last year, NZOG loaned PRCL
    $12m. After the Receivers were appointed it was this funding that allowed the
    Receivers to carry out their duties - to support the mine stabilisation
    efforts, pay employees their statutory entitlements, co-operate with the
    various inquiries, begin a sales process and pursue the insurance claims."

    "Now, by supporting the early payment plan for unsecured creditors, NZOG is
    again acknowledging the widespread impact this tragedy has had, and that the
    support of the local community is crucial if the sales process is to realise
    the full value of the assets and the mine is to be safely reopened."

    David Salisbury says the agreement reached in settlement of the principal
    insurance claims is a good outcome.

    "The insurance settlement ticks off one of the primary tasks of the
    Receivers. The sales process is also well advanced, with the Receivers having
    advised us that a number of interested parties are conducting due diligence
    ahead of making final offers."

    "The mine stabilisation efforts have always been given priority and NZOG
    understands that the Receivers are working with an Expert Panel to advance a
    plan to allow a safe reclamation of the access tunnel, which is a necessary
    precursor to any move to re-enter the mine or to attempt a body recovery
    exercise."

    "A very complex set of tasks are having to be managed and while we all would
    hope for quick resolutions we believe the Receivers are doing their job with
    great empathy and skill."

    Key Points:
    - An $80m conditional settlement has been agreed between PRCL's insurers and
    the Receivers.
    - Approximately $6.3m will be paid to the owners of leased mining equipment
    on a first priority basis.
    - The BNZ, as a secured creditor, will receive approximately $23.2m in full
    settlement.
    - NZOG, as the other secured creditor, has agreed that the Receivers should
    offer an early payment to PRCL's unsecured creditors.
    - Under the proposal, unsecured creditors will receive a total of
    approximately $10.1m in early part-payment.
    - NZOG will receive approximately $38.3m as a secured creditor and $3.0m as
    an unsecured creditor.
    - NZOG will still be owed approximately $14.7m in secured debt and $12.1m in
    unsecured debt.
    - The mine sales process is ongoing and NZOG expects to recover its remaining
    secured debt and possibly some or all of its remaining unsecured debt through
    that sales process.
    - The Receivers are continuing with the mine stabilisation and tunnel
    reclamation activities.

    ENDS
    End CA:00213615 For:NZO Type:GENERAL Time:2011-09-12 11:55:17

  3. #10833
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    So NOG getting about $41m which is over 10c a share.
    Good to see NOG helping out the small creditors in the deal too.
    Sounds like BNZ is taking their full lot though.

  4. #10834
    Senior Member blockhead's Avatar
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    Good to see a bit of common sense shown in this plan, can't see who might be too unhappy with this

  5. #10835
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    Snrs.
    The little creditors pay will stop any lawsuites - good strategic nzo - yes!

  6. #10836
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    Quote Originally Posted by zigzag View Post
    The well is henceforth known as Digger-1 in honour of NZO'S most faithful shareholder.
    Ease up there zigzag,balance has a name for faithful shareholders of NZO.Yesterday i turned 70 and one of the cards i got says something about knowing a thing then a mimute later it slips your mind.So all you good shareholders under 70 will have to get together and work out what it is that Balance calls faithful NOG sharholders.Now how could something you heard 2 or 3 hunderd times not have stuck???
    digger

  7. #10837
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    Quote Originally Posted by Mr Tommy View Post
    So NOG getting about $41m which is over 10c a share.
    Good to see NOG helping out the small creditors in the deal too.
    Sounds like BNZ is taking their full lot though.
    Well thought out NZO. A less intelligent company would have stood on there legal rights and taken the lot.To have done so would be a very short term gain and leave no future chance of ever reopening the mine with NZO having any future say.This tragedy will in the end allow a future PIKE to be run in the best interest of safety and not in the best interest of DOC or the greenies,as i have outlined several times before about the best way to remove the methane.
    The outstanding thing about this agreement if it should go ahead is that there is a future.
    The banks are of coa-se the ones that have to have all there monies.But that is too big to comment here but has a lot to do with the lenders taken on some of the risks instead of just expecting govt baleout if there policies turn sour.But as i said too big for here.
    digger

  8. #10838
    percy
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    Quote Originally Posted by digger View Post
    Ease up there zigzag,balance has a name for faithful shareholders of NZO.Yesterday i turned 70 and one of the cards i got says something about knowing a thing then a mimute later it slips your mind.So all you good shareholders under 70 will have to get together and work out what it is that Balance calls faithful NOG sharholders.Now how could something you heard 2 or 3 hunderd times not have stuck???
    Well congratulations on your birthday.Just remember that advice about things slipping your mind,if you ever get stopped for speeding."Had to speed to get there before I forgot where I was going,officer."

  9. #10839
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    Quote Originally Posted by blockhead View Post
    Good to see a bit of common sense shown in this plan, can't see who might be too unhappy with this
    Im sure Balance will soon let us know.


    The insurance claim means $73.7m to go against claims, of which the latest PWC report says total about $120.
    So if a sale results in more than $50m theres a chance of shareholders getting something.
    Last edited by Mr Tommy; 12-09-2011 at 01:21 PM.

  10. #10840
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    Quote Originally Posted by brucey09 View Post
    Snrs.
    The little creditors pay will stop any lawsuites - good strategic nzo - yes!
    Good strategy indeed and great to see a lot of the financial strains of the smaller contractors finally relieved and a good outcome for us NZO and PRC shareholders.

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