Tenor probably is smart enough. But, it is that old game of effort vs. reward.
Getting rid of shareholders takes revoking the US OTC portion. Although, statistically, there is a better than 50-50 chance to be revoked within two years, it is probably unlikely for Crystallex from what is known right now. Shells that continually dilute and mislead investors to buy shares with PR promises, so the shell can keep the doors open, are the ones that get the heave-ho. Sounds like Crystallex? Stop thinking about it. No, not really.
I have not been Bullish on the company, but Crystallex is not a stinky-pinky scam to sell shares. It may get to that someday, but not right now. Crystallex has fallen on continued bad luck or bad choices, or whatever one wants to call it. As unlikely as it is, should the US ticker get revoked, the Company would likely make some arrangement for US shareholders to trade to the Canadian side when it resumes trading there. Probably with an increased broker & exchange rate fee.
Did someone mention Canadians? Yes, who could forget? Tenor still would need to get rid of the Canadian shareholders. At this time the Canadian shareholders, even though not being able to trade, are still shareholders. There is nothing on the Canadian side threatening. In fact, Crystallex is apparently in total compliance of their SEDAR filing requirements. Something could happen in CCAA, but it does not appear to be going that way from what we can tell. Just be aware that commons have not been privy to whatever Crystallex-Tenor has concocted for a Plan of Arrangement.
Tenor is all but guaranteed Crystallex debt repayment with decent interest. They now get 35% of the arbitration award leftovers after debt is paid, so really no need to get rid of shareholders. It would take a large effort to dispose of all shareholders, so might be easier for Tenor to use leveraged lending agreements similar to the DIP, to get additional chunks of the ICSID award proceeds pie. If getting more of the award is their intent.
