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2015-01-21_GENERAL DOCUMENTS - X201123201 (2)
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2015-01-21_GENERAL DOCUMENTS - X201123201 (2)
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Last modified
8/24/2016 5:56:44 PM
Creation date
1/23/2015 12:59:54 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
X201123201
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
JDM
DIH
Media Type
D
Archive
No
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New <br />(b) Cline is currently in default of its 2011 series 10% senior secured notes (the "2011 <br />Notes ") as well as its 2013 series 10% senior secured notes (the "2013 Notes ", <br />and collectively with the 2011 Notes, the "Secured Notes "), each of which are <br />guaranteed by both New Elk and North Central. As of December 1, 2014, total <br />obligations of $110,173,897, including principal and interest, are owed in respect <br />of the Secured Notes; <br />(c) the Secured Notes matured on June 15, 2014. In connection therewith, several <br />forbearance agreements were entered into between Computershare (the <br />I "Trustee "), in its capacities as the trustee for each of the 2011 Notes and the 2013 <br />Notes, Cline, New Elk and North Central. Such forbearance agreements expired <br />on November 28, 2014 and have not been extended. Marret manages and <br />exercises sole discretion and control on behalf of all noteholders (the "Secured <br />Noteholders ") relating to the Secured Notes and all of the Secured Notes are held <br />by beneficial owners whose investments are managed by Marret. On December <br />2, 2014, Marret confirmed that the Secured Noteholders had given instructions to <br />the Trustee to accelerate the Secured Notes. Accordingly, the Trustee is in a <br />position to enforce on the security over the 2011 Notes and the 2013 Notes in the <br />near term; <br />(d) the Applicants completed the Equipment Sale, as defined and described further in <br />the First Report, on December 19, 2014. By way of the Equipment Sale, certain <br />redundant and surplus equipment was sold to Foresight Energy Services, LLC for <br />US$622,000; <br />
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