Personally I think it was a good move by IVA to demand the whole $175m be paid out.
According to an earlier post by Lionel EXS has likely $240m in cash. Thus, after payout of $175m, there is still $65m cash. Then add in continuing cash from WD until mid-2012, Copperchem royalties to start, Mt. Colin deal to be announced etc.
So, that's loads of cash, more than enough, & I'm glad the extra will be going in my pocket.