Ontario · CCAA
Responding Motion Record of the Independent Director - Part 10 of 20
Application / notice of application · 30 September 2026
AI summary
A plain-English summary drawn only from this filing: what it is, why it matters, and the parties, amounts and dates it turns on.
What we verified from this filing3 verified
- unsecured creditorsnote: Claim is secured by the Prefiling Unsecured Creditors' Charge (a court-ordered charge, not pre-filing security). Interest from Filing Date to Standstill Trigger Date (May 20, 2013) at 9.375% simple, US$13,747,995.93, is added by the order, bringing the 'Proven Principal Senior Note Amount' to US$123,383,269.90 as of May 20, 2013 (stated in the order; this extractor did not compute it). Further simple interest at 9.375% accrues from the Standstill Trigger Date. Trustee post-filing fees/expenses (up to US$5,500,000) are also added to the principal as at May 20, 2013. Indenture dated Dec 23, 2004. · page: 14 · as of: Filing Date (December 23, 2011) · basis: Court-ordered irrevocable proven claim ('Original Principal Amount'), consented to by Applicant, Trustee, Tenor and Ad Hoc Committee · amount: 104135273.97 · debtor: Crystallex International Corporation · creditor: Holders of Senior 9.375% Notes due December 23, 2011 (via Computershare Trust Company of Canada, Trustee) — principal · currency: USD
- unsecured creditorsnote: Secured by the Prefiling Unsecured Creditors' Charge. Payable only after full payment of amounts under subsections (f) and (g) of the Waterfall Provision (Exhibit F, Amended DIP Credit Agreement) and before any Arbitration Proceeds are retained by the Applicant or distributed to equity holders. The pre-filing cost awards are deemed satisfied in full regardless of whether this claim is paid. · page: 14 · as of: Filing Date (pre-filing fees); order dated June 5, 2013 · basis: Court-ordered irrevocable proven claim: US$5,375,646.31 gross less US$206,665.43 of pre-filing cost awards owed to the Applicant by noteholders/Trustee; conditional on Monitor confirmation · amount: 5168980.88 · debtor: Crystallex International Corporation · creditor: Trustee for Senior Notes — pre-filing fees and expenses claim (Trustee Pre-Filing Fees and Expenses Claim) · currency: USD
- unsecured creditorsnote: Amount is a ceiling ('up to'), not a confirmed balance. Added to the Original Principal Amount as at May 20, 2013 and secured by the Prefiling Unsecured Creditors' Charge. Separate additional expense amount of up to US$250,000 (post-filing legal/professional expenses) is also reimbursable and secured by the same charge. · page: 15 · as of: Standstill Trigger Date (May 20, 2013) · basis: Court-ordered irrevocable proven post-filing claim 'of up to' US$5,500,000, subject to Monitor confirmation of fees actually incurred and paid · amount: 5500000 · debtor: Crystallex International Corporation · creditor: Trustee for Senior Notes — post-filing fees and expenses (Trustee Post-Filing Fees and Expenses) · currency: USD