Ez,
My point on the jv is that the moc would be voided, which is the key to staving off coc. And of course Vz. would have approved a jv if one were to occur. And of course, Crystallex would need the jv language to adhere to current debt agreements or the debt would have to be paid in full. Too specualtive and tail chasing on all of the "IF's".
The main point is that Fung could not and I believe would not go in great detail with the noteholders on his discussions with Vz. And that the lawsuit by noteholders does not suggest a positive or a negative in regards to a solution or resolution with Vz. I would think, even if the judge were to rule against us that the time an appeal would take would be well beyond the time needed for a definitive answer from discussions that are taking place in Vz.
Clearly I am in agreement with you that the judge will rule in Crystallex' favor based on my statements.