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2015-02-06_GENERAL DOCUMENTS - C1996084
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2015-02-06_GENERAL DOCUMENTS - C1996084
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Last modified
8/24/2016 5:57:17 PM
Creation date
2/9/2015 1:09:14 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1996084
IBM Index Class Name
General Documents
Doc Date
2/6/2015
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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-21- <br />68. The Chair declared that the requisite majority required by the Meetings Order and <br />section 6 of the CCAA had been obtained for the Secured Noteholders Class and the Secured <br />Noteholders Class Plan Resolution was approved by the Secured Noteholders Class. <br />69. The Secured Noteholders Class Meeting was terminated at approximately 11:25 <br />a.m. <br />SUMMARY OF KEY TERMS IN THE AMENDED AND RESTATED PLAN <br />70. As described in the Second Report, the Monitor received a Proof of Claim with <br />respect to the WARN Act Claims on January 13, 2015. The aggregate value of this Proof of <br />Claim was $4.2 million and, since the date of the Second Report, being January 14, 2015, the <br />Applicants, with the assistance of their legal counsel, the Monitor and Marret, have engaged in <br />discussions with counsel to the WARN Act Plaintiffs ( "WARN Class Counsel ") in order to <br />resolve this claim. <br />71. WARN Class Counsel had previously advised that the WARN Act Plaintiffs <br />would not vote in favour of the Plan without enhanced recovery. Discussions between counsel to <br />the Applicants and WARN Class Counsel, with the input from Marret and the Monitor, have led <br />to the development a proposed resolution (the "WARN Act Resolution ") of the WARN Act <br />Claim by way of amendments to the Plan contained in the Amended and Restated Plan. These <br />key amendments include the following: <br />a) the WARN Act Claims will be fully and forever compromised, released and <br />discharged in respect of the Applicants in exchange for a $90,000 cash payment <br />(the "WARN Payment") to be made on the Plan Implementation Date and an <br />unsecured, non - interest bearing entitlement to receive $120,000 in cash on the <br />
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