Tuesday, October 8, 2013

Cargolux, Groundhog Day again?















My Orchids. Phalaneopsis. Chinensis? Photo ET.

Cargolux, Groundhog Day again?

Oh, no! Several days ago, everything seemed so relaxed. Now RTL has gotten a draft of a "Commercial Cooperation Agreement between Henan Civil Aviation and Investment Co., Ltd, And, Cargolux International S.A." And people start worrying, again. But, don't worry say the people in the know. Here are the links to the background:


That same page carries the following documents:


Not worrying is not a synonym for not being vigilant. People are vigilant this time, and let's face it: the Luxembourg Press has become more investigative. The more dissimulation there is, the keener they are at getting to your secrets. 

However, dissimulation of one's intents is a must in a negotiation. So also towards HNCA. I would have liked that HNCA:

-  would see itself now as one option, not the preferred option
-  would be aware that there are 5 and not 4 options, the fifth being that CV doesn't need a partner at all costs
-  is aware that the QR valuation of $117.5 million for 35% of CV is no longer available. It is much higher.
-  is aware that the future shareholder has no veto power of a majority vote.

That being said, obviously the draft agreement was HNCA's own, as you could tell at first analyzes. It was unrealistically lopsided in favor of HNCA, a bit like the prenuptial agreement of the old billionaire marrying a young cinema starlet. CV might need the money, and has all those gorgeous attributes that 40 years of experience give it. But is HNCA the billionaire? 

I would say that usually a good lawyer would shy away from such an aggressive proposal, for fear to damage the relationship from the start. But we learn that those "misunderstandings" have been ironed out, and HNCA is the preferred partner. Again, if CV needs one.

The deal remains asymmetrical though on two fronts. The draft reveals the most intimate desires of the prospective partner, develop itself and the Province. Therefore the initial proposal was so lopsided. Then we have on one side a sovereign government negotiating with a Chinese Province, that requires a number of green lights from Beijing.

Then there remain some challenges. Such as creating a new airline. And here is a twist, as I learnt from a friend: It was easy to confuse HNA and HNCA. The latter, the one we are talking about, has no planes, isn't really an airline. But it  looks at creating one. HNA is not in the picture. I would say, get Cargolux to fly first. And finally, there is also the obvious challenges of how to develop the Zhengzhou airport. It has only one 6.500 m landing strip. The airport is small and desperately encroached by surrounding habitation. But there can be radical solutions, that would be impossible in Luxembourg.

See here an aerial view of Zhengzhou airport. Do we go, or don't we go? Do we need to go?



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