jimmijazz - sorry for the misunderstanding. No Gowling aren't using DIP money but every action by Gowling causes DIP money to be spent by both Crystallex and Tenor lawyers as this is paid for by DIP money. So the $50,000 Fine deposition came out of the DIP and equates to close to $1m reduction in the award available to shareholders. Every $1 spent out of the DIP is worth $20 to Tenor - why do you think they are "the only real loser"?

I don't know what you mean by "scare tactics" - isn't it well known that the noteholders caused the company to seek additional DIPs by racking up legal fees? Something they did even before CCAA. Ask the opt in committee what they think of the noteholders. It may have been noteholder greed that pushed Fung to Tenor. I think Tenor have used the threat of default to influence the court.

I think as you have opted in you can reasonably ask the opt in committee if they intend to delay until the award is more secure - they will need time anyway to prepare what will be a difficult case and as far as I am aware they do not have full disclosure yet. I don't see how it would be in our interests to divert attention and money away from realising the award. There will be time to prevent Fung and Tenor from running off with all the money.