Abobo you are 100% wrong. The bondholders specifically refused Chemeq the funds to permit IFCA to embark on due diligence. There was no condition precedent to permit it and the Court refused to vary it. (Now I wonder who has been carrying on about understanding conditions precedent?)
On the other hand you are 100% right in another respect. There is nothing preventing IFCA from depositing funds into a Chemeq escrow account. Arranging international finance is no trivial exercise and takes time.
Having recently gone through raising a commercial loan for my own business, it took nine weeks after the loan had been approved for the funds to be made available. And the reason for the long interval between approval and deposit? There was an international component to the deal.
IFCA probably had the funds guaranteed/approved but not in hand. It was sheer bastardry for the bondholders to hold up the process. As a hypothetical, what harm would it have caused for IFCA to launch into due diligence only to find it could not come up with the money in the end? None whatsoever.
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