I really think everyone needs to read both of Kry's motions very carefully. I'll admit that I need to digest them over the weekend, but from what I've read so far, I don't believe the posts so far have accurately and thoroughly analyzed them.
1. The valuation evidence that KRY sumbitted to ICSID with its case on February 10, 2012 demonstrates damages of $3.4 billion plus interest. Not $600 million. Why are folks here already talking about only getting 17% of the damages?
2. Kry will be entitled to seek enforcement of the ICSID award in any of the 146 states that are signatories to the 1958 UN Convention.
3. In addition, kry still has mining equipment with an est. book value of $10.1 million.
4. The DIP lender required, as a condition of the loan, the Mgt Incentive Plan to ensure that Fung and the key employees would remain with KRY because the arb case would be far more difficult without them.
5. The percentage of the Mgt Incentive Plan is a NET percentage. It looks to me like its calculated after (a) repayment of the DIP loan, operating & professional expenses; (b) repayment of the noteholders' claim; and (c) taxes.
6. Further, the Mgt Incentive Plan cannot exceed either: (a) 10% of the net arb proceeds; or (b) 25% of the amount left over for shareholders after payment to Tenor. So, to me, this means the lesser of the two.
7. If the net proceeds of the arb are more than $700 million, the mgt incentive plan would be reduced to 2% in relation to the amount of the net proceeds over $700 million. This somewhat places a cap on a crazy windfall.
8. Fung will get an advance on the Mgt Incentive Plan in the amount of $1 million, to be paid $125k per quarter for two years. That will be credited against anything he is to receive from the Mgt Incentive Plan when the arb case is resolved.
