2014-12-18_GENERAL DOCUMENTS - C1981012

Home Browse Search

F" T I CONbUL •ING December 4, 2014 To: Whom It May Concern RECEIVED PFC 182014 Division of Reclamation, Mining & Safety Corporate Finance TD South Tower 79 Wellington Street West Suite 2010, P.O. Box 104 Toronto, ON M5K 1G8 T: 416.649.8100 F: 416.649.8101 fticonsulting.com Re: CLINE MINING CORPORATION, NEW ELK COAL COMPANY LLC AND NORTH CENTRAL ENERGY COMPANY (THE "APPLICANTS") On December 3, 2014, the Applicants sought and obtained an initial order (the "Initial Order ") under the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C -36, as amended (the "CCAA "). The Initial Order provides, among other things, a stay of proceedings until December 31, 2014 (the "Stay Period ") which may be extended by the Court from time to time. FTI Consulting Canada Inc. was appointed as monitor (the "Monitor ") of the Applicants. A copy of the Initial Order and copies of the materials filed in the CCAA proceedings may be obtained at http : / /cfcanada.fticonsulting.com /cline or on request from the Monitor by calling (416) 649 -8099 or 1- 855 - 398 -7390 or emailing cline @fticonsulting.com. The Applicants are continuing operations pursuant to the terms of the Initial Order. Pursuant to the Initial Order and during the Stay Period, all Persons having oral or written agreements with the Applicants or statutory or regulatory mandates for the supply of goods and /or services, including without limitation all computer software, communication and other data services, centralized banking services, payroll services, insurance, transportation services, utility or other services to the Applicants, are hereby restrained until further Order of this Court from discontinuing, altering, interfering with or terminating the supply of such goods or services as may be required by the Applicants, provided that the normal prices or charges for all such goods or services received after the date of the Initial Order are paid by the Applicants in accordance with normal payment practices of the Applicants or such other practices as may be agreed upon by the supplier or service provider and each of the Applicants and the Monitor, or as may be ordered by this Court. The Initial Order prohibits the Applicants from making payment of amounts relating to the supply of goods or services prior to December 3, 2014, other than certain payments specified in the Initial Order. During the Stay Period, all parties are prohibited from commencing or continuing legal action against the Applicants, and all rights and remedies of any party against or in respect of the Applicants, or their assets are stayed and suspended except with the written consent of the Applicants and the Monitor, or leave of the Court.