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Gold/Mining/Energy : Crystallex (KRY) -- Ignore unavailable to you. Want to Upgrade?


To: Bob Hack who wrote (3987)12/12/1997 10:43:00 AM
From: Bob Hack  Respond to of 10836
 
Here is a recent post from Stockhouse that I find well thought out.
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Crystallex International Corporation
Posted By Subject Date / Post Time (PST) Message #
teddie a or b, or ab 12/11/97  20:38 43231

This is beginning to sound more like a math problem than a legal problem. Whichever one occurs on Thursday, the WORST CASE SCENARIO IS THAT KRY HAS WON!!!!!

IF a occurs, then the entire ball of wax is given NOW to KRY The time period for negotiating with the other company is OVER according to MO.

IF b occurs, then the Court would Rule on each of the 11 motions and could set the matter for perfection of title on a future date certain, much like the gazetting of title.

Initially, I could not understand what people were talking about. That is, ALL THE ROADS LEAD TO a. THE QUESTION IS HOW DO THE ROADS GET THERE?????WHY WOULD THERE BE AN a or b???????It seemed so obvious to me that the arguments of b would cause the judges to arrive at a.

LEGALLY SPEAKING AS FAR AS I AM CONCERNED, THE COURT SHOULD CHOOSE a.

POLITICALLY AND PRACTICALLY SPEAKING, THE COURT SHOULD CHOOSE b.

WHAT THEN IS THE DIFFERENCE??????

b. allows the other company to further negotiate the jv. That is, the final date for the perfection of title would probably be at least a week after the Court returns and the Court would not have made a Ruling as to the Perfection of Title, but merely ruled on the 11 motions. Same effect, but it allows the other company to save face and jv before it DOES PERFECT THE TITLE.

The other company cannot enter into an agrement with KRY until the Court issues a ruling and the politically most practical ruling would be only on the eleven motions. That allows BOTH COMPANIES to enter into the jv. The other company can THEN justify the need for the jv agreement based upon the Ruling of the Court. The Court is politically correct in that it did NOT definitively rule agains the other company, even if ALL eleven motions were construed against the othre company.KRY gets its jv.

What happened to ABX??? ABX is in a win-win situtation. That is, if the other company does not enter into a jv with KRY, then it will be the first one at the door. If the other company does enter into a jv agreement, then it's almost 20% stake in KRY will increase in value because of the jv with the other company. Either way it will make millions and millions of Bolivars. The other company would give its eye teeth (and may have to) to be the jv because the two companies hate each other so much.

WHY WOULD FUNG AND MO be staying so long in ONE PLACE?????? Vancouver is the home of both companies and I do not believe that Fung and MO are presently on vacation there. Serious negotiation is occurring. Just like the unions against management, both companies may orally state that they do not like each other, but when the agreement is signed they LOVE each other.

FAILURE TO CONCLUDE A SUCCESSFUL NEGOTIATION FOR A JV BY THE OTHER COMPANY IS SUICIDE FOR THE COMPANY, BUT MORE IMPORTANTLY FOR ITS OFFICERS AND DIRECTORS.

The other company was going to CRUSH KRY, but it failed to recognize the OUTSTANDING QUALITIES OF THE KEY PERSONNEL OF KRY. 4 & 6 COULD HAVE BEEN PURCHASED FOR 100 MILLION BEFORE, BUT WAIT AND SEE HOW MUCH IT COST THEM NOW.

I kNOW that some of you HATE the other company, but the name of the game of any deal is for both sides to make MONEY. Here both can do that and one can keep from having to hand out pink slips to its officers if not prison garb.

teddie