SISP bid Approved Harte Gold Announces Court Approval of Successful Bidder in Sale and Investment Solicitation Process
TORONTO, Jan. 28, 2022 /CNW/ - As announced on December 7, 2021, HARTE GOLD CORP.
("Harte Gold" or the "Company") was granted creditor protection pursuant to an order (the "Initial
Order") granted by the Ontario Superior Court of Justice (Commercial List) (the "Court") under the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the "CCAA"). Pursuant to the Initial Order, FTI Consulting Canada Inc. was appointed as monitor of the Company (in such capacity, the "Monitor").
As announced on December 20, 2021, the Court granted an order (the "SISP Order") authorizing the Company to conduct, with the assistance of the Monitor, a sale and investment solicitation process (the "SISP") in accordance with certain terms and conditions relating thereto (the "SISP Procedures"). As part of the SISP Order, the Court approved the Company's execution of a subscription agreement (the "Subscription Agreement") with 1000025833 Ontario Inc. (the "Investor"), a wholly-owned indirect subsidiary of Silver Lake Resources Limited (ASX: SLR) and the use of the Subscription Agreement as a "stalking horse bid" in the context of the SISP, in order to establish the baseline consideration for the Company's business and assets.
As announced on January 20, 2022, in accordance with the SISP Procedures, an improved bid by the Investor had been designated as the "Successful Bid" and a Qualified Bid submitted by ANR Investments 2 B.V., an Appian affiliate, had been designated the Back-Up Bid.Harte Gold announces today that, at the Approval Hearing held earlier today, the Court approved the Successful Bid and granted authority to consummate the transactions provided for therein. Closing of the transactions contemplated in the Successful Bid is anticipated to occur in mid-February 2022.
The Successful Bid provides for the payment of substantially all of Harte's liabilities, other than the Excluded Liabilities, as defined in the Successful Bid. Neither the Successful Bid nor the Back-Up Bid provide any recovery for holders of existing equity interests in the Company.