On May 11, 2010, the Company was served with a statement of claim by the trustee for the Noteholders seeking an order for the Company to pay the trustee its costs of the Application which was heard by the Ontario Superior Court even if the award of this court is upheld on appeal by the Court of Appeal for Ontario. In addition, it
demands that the Company reimburse the trustee for whatever costs the trustee is ordered to pay Crystallex arising out of the proceeding by the Ontario Superior Court and, again, even if the award of this court is upheld on appeal by the Court of Appeal for Ontario.

Well, looks like I was wrong from the financial release, this doc is clearer.