Welcome to the Crystallex HUB on AGORACOM

Crystallex International Corporation is a Canadian-based gold company with a successful record of developing and operating gold mines in Venezuela and elsewhere in South America

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Message: Been gone a long time

"Please advise as to what you would recommend as a third option."

It's this type of argument that I suspect most opt ins have used to make their choice. But it is the wrong question, imho:

1. If you believe the payout can be increased above the waterfall provision I agree having lawyers working on a contingency arrangement has some merit. To me this is the ONLY reason to opt in and it is perfectly valid and I have never said anything bad about anyone who has chosen to do so (even though it has so far and might in future reduce and/or delay my payout.)

2. If you believe the Company/Fung/Tenor will try to take more of the share of the payout then currently on offer then having lawyers working on a contingency arrangement is a poor choice. Yes, lawyers might be required but there are better ways. This hasn't happened yet and we would only need representation when we got notice of this.

3. So far not much has been done by the company, as regards the payout - they have done plenty, and mostly good work towards ICSID and pursuing the award. The company took us into CCAA, since then the court, with assistance from the monitor, has determined our future. To challenge the waterfall arrangement or any attempts to further reduce our share we would need to prove the court (and the monitor) erred. It is technically feasible to also claim the court and monitor were misled through fraudulent activity by the company/Fung and/or Tenor but I haven't heard anyone (credible) make that claim.

4. We seem to be in a new situation now. The court seem to have accepted a deal between the Company and VZ. No-one here, opt in or otherwise, has any clue whether this is good for us or bad. Gowling don't appear to have made any difference. As an opt in (i.e. because of Gowling) do you feel more knowledgeable or secure or confident about the future of your Crystallex shares? I'm not an opt in yet I seem more confident with the latest development than most of you - of course that may prove wrong, there isn't much about Crystallex that anyone has got right (except perhaps Tenor).

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