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Message: Re: RE:Paau/Response by JJ
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Mar 25, 2017 09:17AM

jimmijazz: For Tenor or Crystallex or any of their lawyers / proxies to actually post on this board would be legal suicide (if caught). That doesn't mean it doesn't happen, greed entices people to do stupid things. However, Tenor have already relegated the opt in committee to being opt in, to have no funding and to not be endorsed by the court. Why risk weakening their strong case with subterfuge?

You clearly have a devious, skeptical mind (I mean that as a compliment) so I'm sure you could envisage what such a poster would behave like. Do you really see my posts in that way? Aren't they a little too obvious? Wouldn't I try harder to win you to my side? I guess anything is possible. For sure, Tenor's lawyers will read the forum, it is common practice.

I don't think anything said now will influence the court. Will Tenor's lawyers have downloaded and scrutinised all historic posts from this and other forums? Possibly, they referred to them in Justin's deposition. They may use them to undermine the opt in committee (and shareholders in general) but the court won't pay much attention to specific anonymous views on a forum (unless it can be shown that someone on the opt in committee was the actual poster). In terms you may appreciate, Gowling can simply discredit any "bad" post by telling the court it could have been made by Tenor. The court might be influenced by a general group feeling e.g. that Tenor were "white knights".

Tenor doesn't care about "fair". They will fight for what the court approved. If my rough calculations are in the right ballpark they will lose $128m to increase the shareholder benefit from $0.25 to $0.60. Taking this through the court, the Court of Appeal and on to the Supreme Court if necessary is a foregone conclusion. On the flip side, Gowling will have to be prepared to do the same for 9% of this i.e. $11.5m gross of their costs - that is probably enough for them to start but I'm not sure if it is for them to go through a long drawn out battle, especially if they continue to lose. Could it take 10 years? Probably not.

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