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-30- <br />(c) any Director or Officer from any Director /Officer Claim that is not permitted to <br />be released pursuant to section 5.1(2) of the CCAA. <br />Other Matters <br />74. The CCAA Plan does not include any provision that sections 38 and 95 to 101 of <br />the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B -3 do not apply in respect of the CCAA <br />Plan. <br />Sanction <br />75. If the Plan is approved by the Required Majorities, the Applicants will apply to <br />this Honourable Court for the Sanction Order. The Applicant is currently scheduled to bring a <br />motion for the Sanction Order on January 27, 2015. <br />MONITOR'S COMMENTARY ON THE PLAN <br />Conditions Precedent <br />76. As more particularly described above, the Plan is subject to certain conditions <br />precedent that must be satisfied or waived prior to the Effective Time. The Monitor is informed <br />by counsel to the Applicants that there are not any conditions precedent that are within the <br />Applicants' control which remain outstanding that, as of the date of this Second Report, have no <br />reasonable prospect of being satisfied. The Monitor will continue to monitor the status of the <br />outstanding conditions precedent and provide a further update regarding same in a subsequent <br />report. <br />