Post by
Silly2016 on Jan 04, 2017 2:57pm
pure english understanding
In the event that the CBCA Plan Transaction is not approved or is otherwise unable to be completed, as noted above, the Company has agreed to undertake a CCAA Sale Transaction. As part of the proceedings under the CCAA, the members of the Ad Hoc Committee will make (or direct) a credit bid (the "Secured Credit Bid") for the full amount of the claims outstanding in respect of the Secured Notes, which Secured Credit Bid may serve as a stalking horse transaction in the SISP. In the event that the Secured Credit Bid is the successful bid, the entity through which the Secured Credit Bid is completed will commit to replicate any consideration that was offered to the Unsecured Noteholders or Shareholders in the CBCA Plan Transaction as part of the Secured Credit Bid, provided that the consideration will only be available to the Unsecured Noteholders or Shareholders if they, as a class, approved the CBCA Plan Transaction at the requisite levels at the meetings held by Lightstream to approve the CBCA Plan Transaction. In the event that the Secured Credit Bid is not the successful bid that is approved in the proceedings under the CCAA and the Secured Noteholders are repaid the full amount of their claims in respect of the Secured Notes, then upon receipt of such repayment, the members of the Ad Hoc Committee have agreed to make CDN$20 million available to the Shareholders provided that the Shareholders approved the CBCA Plan Transaction at the requisite level at the meeting held by Lightstream to approve the CBCA Plan Transaction. This is from the News Release on July 13. My understanding is that we are going to get the same offer if secure note is the winner of the bid. In case if other wins but secure note gets the full claim, they will still pay us $20M.
Comment by
omgapt on Jan 04, 2017 4:07pm
Since the unsecured note holders didn't approve the CBCA plan, they screwed shareholders out of any piece of the pie with the CCAA plan. Here is hoping they get none of it too. The company at least tried to give some pittance to the shareholders, but the unsecured noteholders shut that down.
Comment by
Oldfart74 on Jan 04, 2017 4:45pm
The unsecured note holders ended up with nothing except a large legal bill.
Comment by
Silly2016 on Jan 04, 2017 8:35pm
If both approved at the beginning then the restructuring succeeded. If restructuring failed, the one did not approve will get nothing. Here the release used the word "or". This is pure English, a class of unsecured or a class of shareholders
Comment by
NeewNeew on Jan 04, 2017 10:43pm
That is conditional on the class votes for the deal. The sale took place without a shareholder vote ever taking place. How will that effect the issue at hand? (the not voting yet)
Comment by
BluSky23 on Jan 04, 2017 11:24pm
Doesn't the judge have the authority to vote for the shareholders class in the CCAA proceedings?
Comment by
oilman53 on Jan 05, 2017 12:36am
Deal is closed, neither the unsecured debtholders nor the old shareholders get anything. If they did, by law, they would have received confirmation prior to deal closing with Ridgeback. If you dont believe me give them a call...