If KRY files an arbitration case (which would be dismissed per Clause 19) they would be admitting to the beneficial change of control, and the noteholders could liquidate the company.

It's a lose / lose for KRY.


Clause 19 of the MOA:
"The doubts and controversies of any nature that could arise from the execution of this Contract and that may not be resolved in an amicable manner by the Parties, shall be decided by the competent tribunals of the Bolivarian Republic of Venezuela, in accordance to its laws, and they may not give origin to reclamations before foreign tribunals."


The only course is to file for BANKRUPTCY.
KRY will get ZERO in a Venezuelan court.
The contract was agreed to by KRY.
It is binding.
KRY can't file a claim in an impartial international venue.

Take your loss now.
KRY is worth ZILCH.