http://documentcentre.eycan.com/eycm_library/Project%20Gem/English/Motion%20Materials/CCAA/019.%20Motion%20Records,%20returnable%20November%2024,%202017/Sworn%20Affidavit%20of%20Harry%20Near.pdf

D. Summary of the Principal Terms of the Settlement Agreement

21. The Settlement Agreement contains strict confidentiality requirements.

These include restrictions on disclosure of the negotiations that led to the settlement as

well as the terms of settlement themselves. The Company has been advised by

Venezuela Counsel and I verily believe that these confidentiality provisions are

extremely important to Venezuela because the country still has to deal with and address

hundreds of billions of dollars in claims by other creditors. Given the importance of

these confidentiality provisions to Venezuela in particular, the Company cannot make

the Settlement Agreement publicly available. The Company will file a copy of the

Settlement Agreement under seal and pursuant to an Order of the Court protecting its

confidentiality. The Settlement Agreement has been disclosed to the Monitor and its

counsel, counsel to the Company's noteholders and equity holders as well as certain

other stakeholders, pursuant to the terms of their confidentiality agreements with the

Company. The Company has also arranged for the Monitor to offer to provide certain

key information concerning the settlement to the Company's stakeholders on a

confidential basis through their counsel. The Company's objective is to ensure that its

stakeholders can understand the key features of the Settlement Agreement but without

breaching the important confidentiality requirements of the Settlement Agreement

imposed by Venezuela.

22. The principal terms of the Settlement Agreement can be summarized as

follows:

(a) Venezuela has agreed to pay to the Company a specified amount of the

Award, plus interest (the "Settlement Amount");

(b) the Settlement Amount will be paid in a series of instalments, which

include a series of up front instalments, recurring monthly instalments

thereafter, and annual instalments until the Settlement Amount has been

fully satisfied. On its face, the Settlement Agreement should provide value

to the Company over time beyond the quantum of asserted creditor claims

against the Company;

(c) the first instalment is payable on [date redacted], provided other

conditions of the settlement have been satisfied;

(d) upon payment of the first instalment, the Company will suspend all actions

and proceedings it has commenced to enforce the Award and take no

further steps to enforce the Award; and

(e) upon payment of the last instalment, the Company will discontinue or

terminate all actions and proceedings to enforce the Award.

23. If Venezuela breaches any of its payment obligations under the Settlement

Agreement, Crystallex will be entitled to re-commence all of its enforcement activities

suspended by the settlement, as well as pursue and initiate new enforcement and

collection efforts.