Can't hurt to ask first, then hear the excuse directly from the company.
But, Ok... How about have Crystallex insert it in the next Monitor report?
There are no additional costs associated for having the Monitor's report include a Crystallex disclosure. After all, outright and readily noted in the Monitor reports are Crystallex disclosures of: Management MIP; Tenor's cut of the arb proceeds; Bondies becoming secure. Curious - Why would that, "large holder," waste his money on a suit and not require a commons disbursement disclosure while everyone else was covering themselves? Reality is, all Crystallex need do is tell the Monitor they want to disclose a special commons disbursement upon arb proceeds collection (if they really want to do such a thing).
Making such a disclosure really shouldn't be a problem, should it?
Get Crystallex to commit and implement such, and commons are covered.
(Well, considering the situation, as best as can be)
See what RM says to that. But, be real... and let RM make the excuses.