(A few highlights in the court filings to take note of)

Unfortunately, the Ad Hoc Committee has again refused to receive the financial terms in this manner. They claim that this information may be material and could restrict their ability to trade in Crystallex securities unless it is made public.

(It seems to me that if they make financial information public, us common shareholders have shares that are more valuable. Transparency would enable us to see how much would be "fair share" for us.)

36. Contrary to the Ad Hoc Committee’s characterizations, there are a number of “material” stakeholders of Crystallex, including professional advisors, the CRA for any taxes payable on the Award (which could be significant and is currently unresolved), the DIP Lender (for in excess of $162 million principal and interest), other unsecured creditors, CVR holders, the MIP beneficiaries, and shareholders. The Crystallex Board has a duty to maximize the value of the corporation for the benefit of all of these stakeholders, not just the Noteholders.

(An interesting point seemingly, including us common shareholders, will benefit from the settlement - but, how much. Probably less than if information was made public.)

45. It turns out (not surprisingly), the Ad Hoc Committee’s position is again, completely wrong. Venezuela has in fact been carefully reviewing the Monitor’s website and is now using information that was made public in July 2021 (in response to demands by the Ad Hoc Committee) to argue its case in Delaware against Crystallex’s continued enforcement.36 Political activists and lobbyists, in possession of the details of the Initial Payment Securities and other payments received by Crystallex, are now lobbying with an 36 Venezuela September Pleading, Compendium at Tab B. 23 assertion that Crystallex has already been paid in full, and that Crystallex should be prosecuted criminally.37 Finally, OFAC recently denied Crystallex a license to sell the PDVH Shares, dealing a blow to the timely completion of its enforcement efforts.

46. Crystallex will have to respond to all of these issues and there will be further delays to enforcement, and risks to recovery.

Conclusion

There are critical events unfolding in the US enforcement process that impact on the interests of all stakeholders. Publication of the requested information could have a serious impact on Crystallex’s ultimate success in enforcement against Venezuela, and access to experienced advisors necessary to assist with those efforts. The relief requested on the Cross-Motion disregards the broader interests of the Company and other stakeholders.

(A very comprehensive and thorough defense. If public disclosure increases our share value I am in favor of public disclosure. I think that is why the ad hoc committee is for it. Without public disclosure, Tenor can set the common share price value for us at any number they choose. (Lowest - in pennies). See the first paragraph. Any thoughts?)

(I hope the courts side with the ad hoc committee. The ad hoc committee would not be going through all this unless it would benefit them financially, and then ultimately us)