Myanmar Natural Resources | Advising Investors, borrows and lenders

advising investors borrowers and lendersAdvising Investors in Relation to Natural Resources in Myanmar 

Charltons is experienced in acting for private equity and institutional investors. We understand their objectives and the risk minimisation strategies they employ in relation to:

  • The cyclical nature of commodity demand
  • Unpredictability surrounding exploration and production costs
  • Access to transport infrastructure, management, to labour
  • Changing national regulations
  • Geo-political concerns
  • Local inflation
  • Environmental compliance
  • Currency volatility
  • Risks associated with sustainability and mine-rehabilitation
  • Geographic remoteness
  • Community relations
  • Longer investment horizon  

At Charltons we understand the factors that influence mining investors and are experienced in advising on the legal safeguards that should be put in place to protect them.  We assist investors balance the goals of risk minimization and profit maximization.

Selected Legal Services

  • Advising during Myanmar investment process
  • Due diligence
  • Placings to existing shareholders (where option is available)
  • Drafting share sale / subscription agreements and shareholder agreements
  • IP protection where investor / farm-in party contributes IP
  • Injection of PE capital via both incorporated and unincorporated  joint ventures
  • Where applicable the drafting and/or review of “off-take” agreements
  • Exit strategies (including Hong Kong IPOs)
  • Representing PE investor as shareholder
  • Advising the PE investor’s board representative (where applicable
  • Putting in place corporate governance policies and practices to protect investor / investment
  • Conflicts of interests with the invested compan
  • Freedom to transfer interest
  • Investor rights
  • Anti-dilution provisions
  • Tag / drag along rights
  • Borrowing and charges
  • IP transfers

 Advising Borrowers in Relation to Natural Resources Projects in Myanmar 

We are experienced in advising borrowers and sponsors on the legal aspects of mining project financing. We have advised some of the leading PRC and international natural resource companies on their debt offerings. We are also always happy to help junior miners, who may be unfamiliar with the debt financing option, better understand the process so they can make the right choice as to what financing model best suits them.

Advising Borrowers – Charltons Services 

Charlton’s assists borrowers with the following:Advising Investors in Relation to Natural Resources in Myanmar

  • Drafting and/or reviewing primary financing documents
  • The provision of security and/or reviewing or drafting security documents as required
  • Coordinating the due diligence process on behalf of the miner borrower
  • Reviewing and/or drafting off-take agreements, infrastructure agreements, construction agreements, equipment agreements, operating agreements, maintenance agreements, and product purchase agreements
  • Equity contributions (where the financing model combines both debt and equity)
  • The legal aspects of life of mine plans and development plans
  • Hedging arrangements
  • The Listing Agreement (where applicable)
  • Options, warrants, and similar rights
  • Convertible debt securities

For further information please visit our dedicated natural resources website.

Advising Lenders in Relation to Natural Resources in Myanmar

We are experienced in advising lenders on the legal aspects of mining project financing, including senior, mezzanine, subordinated and convertible debt together with more traditional corporate debt financing arrangements. We can also advise on bridge financing and other credit facility arrangements and assist listed and private companies and financial institutions on debt purchases.Selected Legal Services

Our Services 

Our services include advising on:

  • proposed project structure (including where applicable SPVs established to facilitate debt arrangement)
  • primary financing documents
  • due diligence
  • provision of security and/or reviewing or drafting security documents as required
  • insurance arrangements and review of insurance documentation
  • the legal aspects of life of mine plans and development plans
  • hedging arrangements
  • off-take agreements, infrastructure agreements, construction agreements, equipment agreements, operating agreements, maintenance agreements, and product purchase agreements
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