Not trying to stir up anything Just want to keep the discussion going about our commitment to Gowlings. Accepting the fact that everyone is just guessing. "Only the shadow knows, hee, hee, hee"

Frequently Answered Questions

Please note that nothing on this page constitutes legal advice. Gowling WLG (Canada) LLP does not represent the Opt-in Shareholders. Any Crystallex shareholder wishing to opt-in should review the agreement in detail and with the assistance of legal counsel

The fact that Gowings do not represent the Opt-In shareholders is a good thing hence we have no charges to pay for services rendered. Yet we have a lot of collateral committed to their use.

4. When will Gowlings charge its Break Fee?

As stated in paragraph D (4) of the Opt in Agreement, Gowling shall not recover from you more in fees than you recover as Proceeds.

The Break Fee will only be levied in the event that Gowling's retainer agreement with the Committee is terminated or breached, such that Gowling is no longer acting for the Committee in relation to the performance of the Mandate, and in the event that the Committee is successful in recovering Proceeds

Some Ifs, Ands or Buts.

Therefore they can recover from us as much in fees as equals the Proceeds received. What defines the "Proceeds". Then can "Fees" equal the "Proceeds"?  Could be a ton of money.

Regarding the Break fee levy.

Suppose the "Committee" collapses, what happens to our collateral and does that mean Gowlings automatically represent the Opt-Ins?

No point to asking Gowlings these questions we have enough examples in this hub that they don't reply to anything outside their collection of shareholders collateral.