Re: Key dates from E&Y site...bidding process to begin
in response to
by
posted on
Jan 07, 2012 07:44AM
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
It is for DIP financing as I read it
Crystallex’s objectives include (x) that the Financing will yield cash proceeds in
an amount of not less than $35 Million net of commitment fees and financing
costs, and (y) that the Financing can be rolled into an exit facility maturing upon
recovery from the Arbitration Proceeding (as defined below) with an outside
maturity date of not earlier than December 31, 2014. If a Bid includes currentpay
interest, the amount of the principal under the proposed Financing shall be
increased by the amount of such current-pay interest for a two-year period. It is
contemplated that principal and interest outstanding in connection with the
Financing would be secured by a first priority (subject to permitted prior ranking
claims) lien and charge on all of Crystallex’s assets and that the Lender Back-End
Entitlement (as defined below), if any, would be unsecured and rank junior and
subordinate to the claims of the Noteholders and other pre-filing general
unsecured creditors of Crystallex.
An interesting section in the defined terms deals with the noteholders and VZ. It looks like Crystallex is telling the noteholders they won't be part of the DIP financing like they wanted.
II. Defined Terms
Adverse Interest means an interest held or represented by a bidder that, in the
judgment of Crystallex and the Company Advisors, is adverse to Crystallex and
of the nature that, in the discretion of Crystallex and the Company Advisors (after
consultation with the Monitor), could disqualify such bidder from serving as the
Lender. Adverse Interests that must be disclosed by a bidder include, but are not
limited to:
(i) any and all pending or foreseeable litigation, arbitration,
administrative, or similar proceeding against Crystallex to which such bidder is a
party; (ii) any and all of such bidder’s connections with, contracts (including
without limitation, investment management and related services) with, or interests
involving (a) the Government of Venezuela, or (b) any entity owned by,
controlled by, and/or affiliated with the Government of Venezuela; and
(iii) commencing as of January 1, 2009 and through the date of execution of each
bidder’s NDA, any beneficial ownership of claims against or equity interests in
Crystallex, subject to the ongoing disclosure requirements described in section
V.B hereof.