'As more particularly set out, without limitation, in the Claim:...

'As more particularly set out, without limitation, in the Claim: (1) Omnia claims that it has not been able to raise funds represented as having firm commitment in the Agreement and Omnia asserts that it cannot successfully complete a capital raise related to the Takeover Transaction, and (2) Omnia claims to have identified shareholders of Omnia who would block approval of the Takeover Transaction at an Omnia shareholder meeting (despite such formal Omnia shareholder meeting relating to the Takeover Transaction having not been held).

Despite efforts by the Corporation preceding the Claim, Omnia refused to further advance the Agreement.

As set out in the Claim, the Corporation advises that Omnia unilaterally refused to further advance an arrangement agreement with the Corporation, and as such no arrangement agreement has been executed."