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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

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Message: 17th Monitors Report

Best suggestion I have seen today. Wait until the information is out to see for yourself and then decide.

You are correct that a share is a share but if you read point 1. second paragraph it explains why there can be a possible difference. I have highlighted the paragraph for you.

The Committee wishes shareholders to take note of important information which may be relevant to their decision as to whether to seek to become an Opt In represented by the Committee:

  1. While it is possible that a shareholder who is NOT an Opt In may derive benefit from the efforts of the Committee and GWLG, neither the Committee nor GWLG represent such shareholders and they owe no duties to such shareholders.

    Specifically, the Committee need only consider the interests of the Opt Ins. For example, in representing the Opt Ins the Committee must consider and may choose to accept any settlement offer proposed to the Committee where such an offer includes benefits only for the Opt Ins, excluding other shareholders.

  2. Gowling takes instructions from the Committee only. In the normal course, Opt Ins may contact the Committee to raise issues and concerns and the Committee will consult with Gowlings as the Committee deems appropriate.

  3. Opt Ins are prohibited from acting in any manner that impairs or otherwise interferes with the Committee executing its mandate. If the Committee deems an Opt In to be acting in such a manner, the Committee may cause that Opt In to cease to be represented.

This is a question that Gowlings can answer better than me. The way I read it, the committee is representing themselves and opt ins and not all shareholders. (can't represent someone who doesn't want you to represent them) The committee started the action and wants all shareholders to be part of it if they want to try and get a better deal than 12% we presently have.

From what Gowlings has posted above and what I highlighted it appears they have already thought about what they might recommend to the committee should they receive an offer for the committee and opt in shareholders to settle.

In other words, if the committee and opt in shareholders get an offer to settle for $.50 or $1.00 or $5.00 or $10.00 a share and Fungs house they are under no obligation to give shareholders that wanted a free ride by not opting in any of the money or a room in their new house. Gowlings will get a percentage of this money and that percentage is listed in the retainer agreement.

Once everyone has read the agreement we can have an intelligent discussion about the merits of opting in.

JJ

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