Simmers loan.I just had a look at the loan agreement (June 16, 2008, material document on SEDAR) and it looks to me that like the loan facility is repayable (note 2.4) "unless the facility has been converted in accordance with Section 2.10". Reading section 2.10, it looks like if Simmers shareholders do not agree to the share conversion, then the company gets the 1% royalty in payment for the loan facility. So they don't get the US$10 million as well.
That is my read on the situation.