My understanding is that the rest of the draw down needs to be done before same date, excluding the optional 10M. Is this not the case? Is it open to amendment?
Yes sorry if that is not clear. I have extracted from the April 4C the following paragraph:
"In January 2023, BrainChip submitted a capital call notice to LDA Capital Limited and LDA Capital LLC (“LDA Capital”) to subscribe for up to 30,000,000 shares with an option for LDA Capital to subscribe up to an additional 10,000,000 shares subject to the approval of BrainChip. Subsequent to the quarter end, A$12,232,543 was received from LDA Capital upon the issue of 20,756,540 shares. Funds raised through this capital call notice will be deployed to strengthen the Company’s global sales capabilities and engineering support team ahead of the release of Akida 2.0 later this year."
As can be seen the company created 30,000,000 new shares and gave these to LDA Capital on trust to use to raise the obligated $15 million before 23.12.23.
As can be seen only 20,756,540 shares were called by LDA Capital in raising $12,232,543. The share price fell below the stipulated minimum price set by Brainchip so the full $15 million could not be achieved.
This left 9,243,460 shares uncalled and being held on trust by LDA Capital.
It also leaves $2,767,457 to be called before 23.12.23.
To satisfy this amount at 19 cents a share Brainchip would need to provide about 15,000,000 shares to LDA Capital however as it already holds 9,243,460 shares left over from the previous raise Brainchip will only need to create/issue a further 5,756,540 shares. (This assumes that the share price of course stays at about 19 cents up to 23.12.23.)
As to the question of can Brainchip negotiate a different call date the answer is that historically Brainchip and LDA Capital have done so. The advantage to Brainchip on that occasion was to move the due by date and secure further funding at a discount over the previous relationship and for LDA Capital it was to continue a relationship which had proven profitable for them. So it is clearly possible that a further amendment of the agreement could take place. Whether this will occur remains an open question for Brainchip and LDA Capital.
The dilution that would flow to individual shareholders of issuing an additional 5,756,540 shares however is less than a third of one percent.
My opinion only so DYOR
FF