Good evening xxxxxxxxxxx,
Basically the $11.4 million dollar break-up fee goes both ways. If Forsys Metals were to break the terms of the agreement in some way, by breaching any of the negotiated terms (for example: confidentiality between the two parties), then we would have to pay George Forrest the $11.4 million dollars because it was a fault of our own for the deal to be broken. Similarly, if George Forrest broke any of the terms of the agreement in some way, he would have to pay us $11.4 million dollars to us because he was at fault.
I hope that adds some clarity to this situation. I know that all of the legal terms can get quite confusing, but please feel free to contact me at anytime with any further questions or concerns.
Have a great weekend.
Warm Regards,
Tanya Jacob , Investor Relations Manager
t. 905-844-4646 f. 905-844-8949 m. 905 699 4572
The information contained in this e-mail is strictly confidential, is intended solely for the use of the named recipient/s, and may be subject to legal privilege. If you are not the intended recipient, you may not use, copy, distribute, disclose or retain the e-mail or any part of its contents or take any action in reliance on it. If you have received this e-mail in error, please notify the sender by replying to this message, and then permanently delete the message and all attachments from your computer.
Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Forsys Metals Corp. All reasonable precautions have been taken to ensure that no viruses are present in this e-mail, but Forsys cannot accept responsibility for any loss or damage arising from the use of this e-mail or its attachments.
________________________________________
From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: Friday, November 21, 2008 4:04 PM
To: Tanya Jacob
Subject: Re: Hi Ms. Jacob
Hey Ms. Jacob!
Thanks a lot for your response. It is also good to hear from you.
Yes, your words are helpful, but I am still confused with the meaning of the reverse break up! So is it correct that forsys metals have to pay the forrest group 11.4 million, even though forrest terminates the agreement?! Shouldn't it be the other way around, so when forrest terminates the agreement that forrest has to pay 11,4 millions to forsys metals!
Thanks a lot for yout thoughts again! It would be great to get an answer from you! thank you! xxxxxxxxxxx
Sent from my BlackBerry® wireless device
________________________________________
From : " Tanya Jacob "
Date : Fri, 21 Nov 2008 15:15:26 -0500
To :
Subject : RE: Hi Ms. Jacob
Good day xxxxxxxxxxx,
It is very good to hear from you and thank you for your inquiry.
Both sides have agreed that the fair termination fee is $11.4 million dollars (break-up fee and reverse break-up fee). The contact itself is binding, but every contract has termination clauses if you violate your terms (conduct, confidentiality etc); which we are not going to do. The same termination fee is in place against George Forrest International if he violates any of the terms as well.
I hope my answer provided you with a little bit of clarification. Please contact me at anytime if you have any further questions or concerns.
Kind Regards,
Tanya Jacob , Investor Relations Manager
t. 905-844-4646 f. 905-844-8949 m. 905 699 4572
The information contained in this e-mail is strictly confidential, is intended solely for the use of the named recipient/s, and may be subject to legal privilege. If you are not the intended recipient, you may not use, copy, distribute, disclose or retain the e-mail or any part of its contents or take any action in reliance on it. If you have received this e-mail in error, please notify the sender by replying to this message, and then permanently delete the message and all attachments from your computer.
Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Forsys Metals Corp. All reasonable precautions have been taken to ensure that no viruses are present in this e-mail, but Forsys cannot accept responsibility for any loss or damage arising from the use of this e-mail or its attachments.
________________________________________
From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: Friday, November 21, 2008 2:47 PM
To: Tanya Jacob
Subject: Hi Ms. Jacob
Ms. Jacob
I have some very important questions regarding this abstract from the most current SEDAR filling.
In certain other circumstances Forsys may alternatively be required to pay a termination fee of approximately Cdn $11.4 million to the Purchaser in the event that the Purchaser terminates the Arrangement Agreement for cause other than in
connection with a superior proposal.
This makes no sense for me, so Forsys Metals have to pay Forrest Group 11,4million$ when Forrest Group terminates the Arrangment Agreement. Why does Forsys has to pay over 10million Dollars when the purchaser terminates the contract? Can he even terminate the contract? Isn't it binding? I hope you have some thoughts for me to help to understand this words. It would be very important for my clients who have a bigger stake in Forsys Metals, and with the time they are getting nervous about the stady decline right now. Hope I will get a quick response by today, it would be wonderful.
xxxxxxxxxxxxxxxxxxxxxxxxx
Basically the $11.4 million dollar break-up fee goes both ways. If Forsys Metals were to break the terms of the agreement in some way, by breaching any of the negotiated terms (for example: confidentiality between the two parties), then we would have to pay George Forrest the $11.4 million dollars because it was a fault of our own for the deal to be broken. Similarly, if George Forrest broke any of the terms of the agreement in some way, he would have to pay us $11.4 million dollars to us because he was at fault.
I hope that adds some clarity to this situation. I know that all of the legal terms can get quite confusing, but please feel free to contact me at anytime with any further questions or concerns.
Have a great weekend.
Warm Regards,
Tanya Jacob , Investor Relations Manager
t. 905-844-4646 f. 905-844-8949 m. 905 699 4572
The information contained in this e-mail is strictly confidential, is intended solely for the use of the named recipient/s, and may be subject to legal privilege. If you are not the intended recipient, you may not use, copy, distribute, disclose or retain the e-mail or any part of its contents or take any action in reliance on it. If you have received this e-mail in error, please notify the sender by replying to this message, and then permanently delete the message and all attachments from your computer.
Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Forsys Metals Corp. All reasonable precautions have been taken to ensure that no viruses are present in this e-mail, but Forsys cannot accept responsibility for any loss or damage arising from the use of this e-mail or its attachments.
________________________________________
From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: Friday, November 21, 2008 4:04 PM
To: Tanya Jacob
Subject: Re: Hi Ms. Jacob
Hey Ms. Jacob!
Thanks a lot for your response. It is also good to hear from you.
Yes, your words are helpful, but I am still confused with the meaning of the reverse break up! So is it correct that forsys metals have to pay the forrest group 11.4 million, even though forrest terminates the agreement?! Shouldn't it be the other way around, so when forrest terminates the agreement that forrest has to pay 11,4 millions to forsys metals!
Thanks a lot for yout thoughts again! It would be great to get an answer from you! thank you! xxxxxxxxxxx
Sent from my BlackBerry® wireless device
________________________________________
From : " Tanya Jacob "
Date : Fri, 21 Nov 2008 15:15:26 -0500
To :
Subject : RE: Hi Ms. Jacob
Good day xxxxxxxxxxx,
It is very good to hear from you and thank you for your inquiry.
Both sides have agreed that the fair termination fee is $11.4 million dollars (break-up fee and reverse break-up fee). The contact itself is binding, but every contract has termination clauses if you violate your terms (conduct, confidentiality etc); which we are not going to do. The same termination fee is in place against George Forrest International if he violates any of the terms as well.
I hope my answer provided you with a little bit of clarification. Please contact me at anytime if you have any further questions or concerns.
Kind Regards,
Tanya Jacob , Investor Relations Manager
t. 905-844-4646 f. 905-844-8949 m. 905 699 4572
The information contained in this e-mail is strictly confidential, is intended solely for the use of the named recipient/s, and may be subject to legal privilege. If you are not the intended recipient, you may not use, copy, distribute, disclose or retain the e-mail or any part of its contents or take any action in reliance on it. If you have received this e-mail in error, please notify the sender by replying to this message, and then permanently delete the message and all attachments from your computer.
Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Forsys Metals Corp. All reasonable precautions have been taken to ensure that no viruses are present in this e-mail, but Forsys cannot accept responsibility for any loss or damage arising from the use of this e-mail or its attachments.
________________________________________
From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: Friday, November 21, 2008 2:47 PM
To: Tanya Jacob
Subject: Hi Ms. Jacob
Ms. Jacob
I have some very important questions regarding this abstract from the most current SEDAR filling.
In certain other circumstances Forsys may alternatively be required to pay a termination fee of approximately Cdn $11.4 million to the Purchaser in the event that the Purchaser terminates the Arrangement Agreement for cause other than in
connection with a superior proposal.
This makes no sense for me, so Forsys Metals have to pay Forrest Group 11,4million$ when Forrest Group terminates the Arrangment Agreement. Why does Forsys has to pay over 10million Dollars when the purchaser terminates the contract? Can he even terminate the contract? Isn't it binding? I hope you have some thoughts for me to help to understand this words. It would be very important for my clients who have a bigger stake in Forsys Metals, and with the time they are getting nervous about the stady decline right now. Hope I will get a quick response by today, it would be wonderful.
xxxxxxxxxxxxxxxxxxxxxxxxx
An der Börse sind 2 mal 2 niemals 4, sondern 5 minus 1.
Man muß nur die Nerven haben, das minus 1 auszuhalten.
Man muß nur die Nerven haben, das minus 1 auszuhalten.