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Odyssey Marine Exploration Reports Full Year 2023 and First Quarter 2024 Results and Provides Company Update

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Odyssey Marine Exploration (NASDAQ: OMEX) released its 2023 full-year and 2024 first-quarter financials, including a restatement of 2022 figures. The restatement, driven by technical accounting issues, reclassifies litigation financing as a derivative liability. Despite the restatement, CEO Mark Gordon emphasized the company's focus on building a portfolio of critical mineral resource projects.

The company received a $9.4 million payment from a shipwreck project, which will support ongoing operations. Odyssey focuses on polymetallic nodule projects for renewable energy and phosphate deposits for food security, leveraging its Global Prospectivity Process. The company is also seeking over $2 billion in damages from Mexico under NAFTA for the ExO Phosphate Project.

Additionally, Odyssey supports the Responsible Use of Seafloor Resources Act and has achieved significant milestones in polymetallic nodule exploration in the Cook Islands, including mapping and sample analysis.

Positive
  • Received a payment of approximately $9.4 million from a shipwreck project.
  • Focus on critical mineral resource projects like polymetallic nodules and phosphate deposits.
  • Significant milestones achieved in Cook Islands polymetallic nodule exploration, including mapping and sample analysis.
  • Endorsement of the Responsible Use of Seafloor Resources Act.
  • Completion of multiple expeditions and mapping surveys in the Cook Islands, enhancing resource understanding.
Negative
  • Restatement of 2022 financial statements due to technical accounting issues.
  • Reclassification of litigation financing as a derivative liability.
  • The outcome of the $2 billion NAFTA claim against Mexico is uncertain.

Insights

Odyssey Marine Exploration has reported its full-year 2023 and first-quarter 2024 results, which included restated financial statements for 2022. These financial restatements, although seemingly a technical matter, could indicate deeper issues in accounting practices that investors should be cautious about. The reclassification of litigation financing as a derivative liability under GAAP reflects a significant change in how the company manages and reports its financial obligations.

The company also disclosed a $9.4 million payment from a shipwreck project, which is expected to support ongoing operations. This one-time payment provides immediate liquidity but doesn't address long-term cash flow needs.

Overall, the restatement and the one-time revenue inflow do not show substantial changes to the core business performance. Investors should be aware of the potential implications of these restatements on the company's financial health and the need for close scrutiny of future reports.

Odyssey Marine's legal dispute with Mexico under NAFTA for the ExO Phosphate Project is a notable point. The company seeks over $2 billion in damages and a decision from the ICSID tribunal is expected soon. This case's outcome will significantly impact the company's financials and valuation, providing either a substantial windfall or potential legal and reputational setbacks if the decision is unfavorable.

Such arbitration cases are complex and protracted, often involving intricate legal arguments around treaty obligations and environmental regulations. Investors should be aware that even a favorable ruling will likely be followed by appeals, prolonging the final resolution and possibly delaying any financial benefit.

Odyssey Marine's focus on polymetallic nodule projects and phosphate deposits is aligned with the growing demand for critical minerals necessary for renewable energy and food security. The company's strategic initiatives to develop these resources could position it well within these expanding markets. However, these projects are still in exploratory and development phases, carrying inherent risks and long lead times for realizing tangible financial returns.

The endorsement of the Responsible Use of Seafloor Resources Act also indicates the company's commitment to sustainable practices, which could enhance its reputation among stakeholders and align with the increasing ESG (Environmental, Social and Governance) focus. However, the actual implementation and impact of this act on operational practices remain to be seen.

Investors should weigh the long-term potential of these projects against their current speculative nature and the significant upfront investments required.

TAMPA, Fla.--(BUSINESS WIRE)-- Odyssey Marine Exploration, Inc. (NASDAQ: OMEX), a global subsea mineral exploration and validation company, filed a Comprehensive Form 10-K for the year ended December 31, 2023, which included restated financial statements for the year ended December 31, 2022, and interim periods. The company also reported first quarter financials for the period ended March 31, 2024.

"The comprehensive audit and restatement of our financials serves as a critical step towards further ensuring transparency, accuracy, and accountability within our company. Although a technical accounting matter led to the restatement of our financial statements, we anticipate this to be a one-time event that will not impede our future filings," stated Mark Gordon, Odyssey’s Chief Executive Officer and Chairman of the Board of Directors. "The restatement has had no adverse effect on our business where we remain focused on building a portfolio of projects that will have a net positive impact by providing critical mineral resources in demand by society."

As previously disclosed in a Form 8-K filed with the Securities and Exchange Commission (SEC) on February 26, 2024, the company’s Audit Committee of the Board of Directors concluded that certain previously issued consolidated financial statements could not be relied upon and that certain financial statements would be restated. The restatement addresses the correction of accounting treatments for certain transactions, including the company’s litigation financing, which has been reclassified as a derivative liability under GAAP. The company's unaudited consolidated financial statements for the quarter ended September 30, 2023, are included in the Comprehensive Form 10-K, along with restated audited consolidated financial statements for the year ended December 31, 2022, and restated unaudited consolidated financial statements for interim periods ended March 31, 2022, and 2023, June 30, 2022, and 2023, and September 30, 2022. With this filing, Odyssey has now filed all previously delinquent SEC periodic reports.

Odyssey recently announced that it received a payment of approximately $9.4 million arising from its residual economic interest in a shipwreck project. The company expects to use the funds primarily to support the company's ongoing operations.

The company’s consolidated financial statements and Comprehensive Form 10-K for the year ended December 31, 2023, and the company’s consolidated financial statements and Form 10-Q for the period ended March 31, 2024, are available on the company's web site at www.odysseymarine.com as well as at www.sec.gov.

Company Updates

Odyssey grows its portfolio by focusing on polymetallic nodule projects, which could provide the metals necessary to transition to renewable energy sources, thereby reducing carbon, emissions and by developing phosphate deposits, a vital component of fertilizer essential for addressing the food security requirements of a growing global population. Leveraging its distinctive Global Prospectivity Process, the company identifies projects that align geologically and geopolitically, strategically advancing them along its value curve model.

ExO Phosphate Project - NAFTA Case

Odyssey initiated a claim under Chapter XI of the North American Free Trade Agreement (NAFTA) in 2019, alleging that Mexico wrongfully denied its environmental approval of the ExO Phosphate Project in breach of NAFTA. The company is seeking damages of over $2 billion.

On March 8, 2024, Odyssey received a letter from the International Centre for Settlement of Investment Disputes (ICSID) relating to the claim of Odyssey and Exploraciones Oceánicas S. de R.L. de C.V. (a subsidiary of Odyssey) against the United Mexican States under Chapter Eleven of the North American Free Trade Agreement. The letter advised the Claimant that the Tribunal “has continued to make progress in finalizing its determinations” and that it “expects to render the Award in the second quarter of this year.”

Odyssey cannot predict the outcome of the arbitration, but the company remains confident in the merits of its case.

Responsible Use of Seafloor Resources Act (RUSRA)

Odyssey and several industry peers endorsed the Responsible Use of Seafloor Resources Act (RUSRA) in March 2024. This act underscores the United States' commitment to supporting international governance of seafloor resource exploration and fostering responsible collection efforts.

Cook Islands Polymetallic Nodule Exploration Milestones

The Cook Islands Seabed Minerals Authority (SBMA) granted three exploration licenses in 2022. Odyssey is invested in and provides services to two license holders that have undertaken exploration efforts and achieved several milestones while advancing understanding of the resources in their respective areas.

Ocean Minerals LLC (OML), one of the companies in which Odyssey has invested, completed multiple expeditions during the last year, resulting in a comprehensive mapping survey of the entire license area as well as collecting environmental, sediment, and resource samples. These samples, supported by the extensive ROV-captured video recordings, have been analyzed by independent laboratories and scientists, with results being reported to the Cook Islands Seabed Minerals Authority with an updated resource report being imminent. Using a benthic sled, a five-tonne bulk nodule sample to enable our ongoing metallurgical process development was recovered. This work accrues to expanding the amount of measured and indicated resources reported in their initial JORC resource report.

“We have been very pleased with the performance of our turnkey research vessel, the Anuanua Moana, in the Cook Islands. Our remotely operated vehicle (ROV) and suite of scientific and exploration tools have provided us, the Cook Islands, and the world with a never-before-seen comprehensive understanding of the seafloor in the Cook Islands EEZ,” said Hans Smit, OML Chief Executive Officer. “We are looking forward to updating our JORC resource report in the coming months and continue to progress our program in line with our published work plan, and we are doing this while providing vessel services to the Cook Islands and other license holders there.”

About Odyssey Marine Exploration

Odyssey Marine Exploration, Inc. (Nasdaq: OMEX) is a deep-ocean exploration pioneer engaged in the discovery, validation and development of subsea mineral deposits in a socially and environmentally responsible manner. Odyssey provides marine services for private clients and governments interested in exploring their Exclusive Economic Zones (EEZ) to survey, map and identify any potential mineral resources present. The company focuses on the exploration of polymetallic nodules (battery metals to power the future) and subsea phosphate deposits (fertilizer to feed the future) which the company believes will provide a benefit to society now and in the future, For additional details, please visit www.odysseymarine.com. An investor presentation is available in the Investors section of the website.

Forward Looking Information

Odyssey Marine Exploration believes the information set forth in this Press Release may include "forward looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933 and Section 21E of the Securities Act of 1934. Certain factors that could cause results to differ materially from those projected in the forward-looking statements are set forth in "Risk Factors" in Part I, Item 1A of the Company's Annual Report on Form 10-K for the year ended December 31, 2021, which was filed with the Securities and Exchange Commission on March 31, 2022. The financial and operating projections as well as estimates of mining assets are based solely on the assumptions developed by Odyssey that it believes are reasonable based upon information available to Odyssey as of the date of this release. All projections and estimates are subject to material uncertainties and should not be viewed as a prediction or an assurance of actual future performance. The validity and accuracy of Odyssey's projections will depend upon unpredictable future events, many of which are beyond Odyssey's control and, accordingly, no assurance can be given that Odyssey's assumptions will prove true or that its projected results will be achieved.

Liz Shows

Odyssey Marine Exploration, Inc.

(813) 876-1776

lshows@odysseymarine.com

Source: Odyssey Marine Exploration, Inc.

FAQ

What are the key financial results for Odyssey Marine Exploration (OMEX) for the full year 2023?

Odyssey Marine Exploration filed a Comprehensive Form 10-K for 2023, including restated financials for 2022, addressing technical accounting issues.

What was the impact of the restatement of Odyssey Marine Exploration's (OMEX) financial statements?

The restatement reclassified litigation financing as a derivative liability but had no adverse effect on the company's business operations.

How much did Odyssey Marine Exploration (OMEX) receive from the shipwreck project?

Odyssey Marine Exploration received a payment of approximately $9.4 million from the shipwreck project.

What are Odyssey Marine Exploration's (OMEX) primary focus areas for mineral resource projects?

Odyssey focuses on polymetallic nodule projects for renewable energy and phosphate deposits for food security.

What is the status of Odyssey Marine Exploration's (OMEX) NAFTA claim against Mexico?

Odyssey is seeking over $2 billion in damages and expects a decision in the second quarter of 2024.

What milestones has Odyssey Marine Exploration (OMEX) achieved in the Cook Islands?

Odyssey has completed multiple expeditions, mapping surveys, and sample analyses, enhancing resource understanding in the Cook Islands.

Odyssey Marine Exploration, Inc

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