MBN Class Action2, page-239

But MBN doesn't own the business. Or the mine. It owns 100% of Mirabela Mineracao do Brazil Ltda, which owns the mine and business. Brazilian law prohibits foreigners and foreign companies from owning and exploiting the country's mineral resources. The head office of the operating company is in Brazil.

Perhaps the business IS a going concern, but something has happened to crystallise the debt in the holding company (MBN) making the holding company insolvent but the business OK.