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: Tenor Offers US$ 0.30 / Share!!!

Pau, I think I am not telling you anything new, but here it goes anyway...

PAU: "I am surprised that the tax question has not been dealt with and creditors not repaid, it is taking far too long and therefore there must be an issue unknown to us."

The tax "issue" has not been resolved because the Tenor-KRY SS would torpeedo itself as soon as it announces what the solution is. They hired the best tax experts in Canada to learn that the company would be breaking the Canadian Tax Law by sharing the tax benefit with Tenor. This because the Canadian Tax law has long established that only the shareholders that suffered the loss can share in the resulting tax benefits. 

Since the NAP waterrfall requires that 1) taxes be determined and paid before any distribution and b) Tenor gets a 88% share of the tax benefit and the mine data value, any distribution under the approved waterfall would be besides illegal, an act of bad faith on the part of the Board of Directors agaisnt the shareholders. And the Canadian Parliament amended the BIA and CCAA acts at the end of last year to "require all parties in a proceeding under the brankrupty laws to act in good faith".

So what is the best option the Tenor-KRY have? To kick the can down the road by telling the CCAA Court that the tax advisors continue to work on the determination of the tax due and that it expects to reach a conclusion soon. The only possible conclusion is that the waterfall was proposed and approved in error and needs to be trashed, reissued and reapproved. And no distribution can take place before this happens.

PAU: "If you want to do something more useful than opting in or sending questionable letters to the judge or pushing conspiracy theories then email the monitor and ask wtf is going on (but perhaps in more polite terms)."

Even if the the Monitor wanted to tell anyone anything about the going-ons here (which he does not), he cannot under the terms of the Initial Order, which expressly requires him to get KRY to approved ANY information and data realease. That is why I labeled him a "hand-in-glove" truestee.

 

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