From Fung's 12/22 affidavit, the DIP was promoted by one of the potential new investors as opposed to a proposal initiated by Crystallex. Therefore, there is no reason why it won't suceed.

The problem is the terms demanded. Unfortunately, Fung's auction is just going through the motions. He knows that all gunslingers think alike and the winner's terms won't materially differ from the original DIP offer which he rejected. IMHO

Of course, whether or not it is accepted by the bondholders or the court is another story.