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-2- <br />authorizing the Applicants to file a plan of compromise and arrangement (the "Plan ", attached as <br />Appendix "A" hereto) and to convene meetings of their affected secured creditors, affected <br />unsecured creditors, and the WARN Act Plaintiffs (as defined in the Claims Procedure Order) <br />(collectively, the "Meetings ") to consider and vote on the Plan (the "Meetings Order "). <br />3. On December 3, 2014, the Monitor commenced ancillary cases in the United <br />States by filing petitions (the "U.S. Petitions ") under chapter 15 of the United States Bankruptcy <br />Code in the United States Bankruptcy Court for the District of Colorado (the "Bankruptcy <br />Court "). <br />4. On December 4, 2014 the Monitor, as foreign representative of the Applicants, <br />obtained certain relief from the Bankruptcy Court, including (i) the joint administration of the <br />Chapter 15 Proceedings, (ii) approval of the form and manner of notice of the Chapter 15 <br />Proceedings, and (iii) the entry of a temporary restraining order (the "TRO ") staying the <br />commencement or continuation of proceedings against the Applicants and preventing parties <br />from exercising contractual rights triggered by the commencement of insolvency proceedings in <br />respect of the Applicants. <br />5. On December 11, 2014, the Bankruptcy Court entered a preliminary injunction <br />extending the relief granted in the TRO pending further determination in the Chapter 15 <br />Proceedings. <br />6. Pursuant to the Initial Order, a comeback date (the "Comeback Date ") was <br />scheduled for December 22, 2014. The Initial Order provided that any interested party (other <br />than the Applicants or the Monitor) that wished to amend or vary the Initial Order was entitled to <br />appear or bring a motion before this Honourable Court on the Comeback Date. No such <br />amendment or variation to the Initial Order was sought or obtained on the Comeback Date. <br />