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2015-01-21_GENERAL DOCUMENTS - C1981012 (2)
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2015-01-21_GENERAL DOCUMENTS - C1981012 (2)
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Last modified
8/24/2016 5:56:44 PM
Creation date
1/23/2015 9:45:28 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
General Documents
Doc Date
1/21/2015
Doc Name
Notice of Filing of Report of the Monitor in the Canadian Proceeding
From
US Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LDS
MPB
Media Type
D
Archive
No
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-35- <br />88. The Applicants are facing an impending liquidity crisis as the Applicants are <br />required to pay $110,173,897 in respect of the Secured Notes and does not have the ability to <br />repay such amounts, and the Trustee is in a position to enforce the security. <br />89. The obligations owed by the Applicants in respect of the Secured Notes appears <br />to exceed the realizable value of the Cline Group at the present time. Therefore: <br />(a) the Secured Noteholders would likely suffer a significant shortfall in amounts <br />owed to them if they were to enforce their security; <br />(b) there would likely be no value left to pay the Cline Group's unsecured creditors or <br />the WARN Act Plaintiffs if the Secured Noteholders were to enforce their <br />security; and <br />(c) the existing equity interests in Cline likely have no economic value <br />90. The Monitor notes that, as a result of the circumstances facing the Applicants (as <br />more particularly described above), it appears that the Plan is the best viable, going- concern <br />alternative available to the Applicants and will provide a recovery to the largest number of the <br />Applicants stakeholders. <br />91. The Monitor is satisfied that the Applicants, its board of directors and their <br />financial and legal advisors have determined that the Plan represents the best opportunity to <br />provide a stronger foundation for the Cline Group to remain a going concern, thereby preserving <br />operations for many of its stakeholders, including the Secured Noteholders, employees, <br />customers and suppliers. <br />
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