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2015-02-06_GENERAL DOCUMENTS - C1981013
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2015-02-06_GENERAL DOCUMENTS - C1981013
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Last modified
8/24/2016 5:57:17 PM
Creation date
2/9/2015 1:20:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
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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-10- <br />27. It is anticipated that the Applicants' projected liquidity requirements through to <br />April 1, 2015, being the end of the requested Stay Period, will be met by existing cash available <br />to the Applicants. <br />UPDATE REGARDING THE REVIEW OF THE SECURITY GRANTED IN RELATION <br />TO THE SECURED NOTES <br />28. As described in previous reports of the Monitor, as security for the payment and <br />performance by the Applicants of obligations under the Secured Notes, the Applicants granted <br />security interests in favour of the Trustee (in its capacities as trustee for each of the 2011 Notes <br />and the 2013 Notes) over substantially all of their real and personal property' by way of certain <br />security documents (the "Security Documents ") which were executed in connection with the <br />Secured Notes. <br />29. The Monitor is advised by the CRO that Cline holds personal and/or real property <br />in Ontario (Canada), British Columbia (Canada) and Colorado (U.S.). Accordingly, the Monitor <br />engaged counsel in such jurisdictions for the purpose of providing opinions (the "Opinions ") <br />with respect to the security interests granted in favour of the Trustee by way of the Security <br />Documents.2 <br />30. The Monitor is in receipt of the Opinions, which provide, in respect of the <br />personal property and subject to standard assumptions and qualifications, that, among other <br />The Monitor is advised by the CRO that the Trustee has discharged its security interest in the share capital of Iron <br />Ore Corporation Madagascar S.A.R.L. currently owned by Cline to facilitate a sale thereof by Cline. <br />'- Given the number of security opinions that are customary to obtain in U.S. jurisdictions in respect of real property, <br />the Monitor independently retained U.S. counsel ("Local U.S. Counsel ") who previously provided security <br />opinions to Cline in connection with each issuance of the Secured Notes in order to be cost - effective. In this <br />way, the Monitor was able to obtain the benefit of prior title opinions while simultaneously updating each <br />opinion in favour of the Monitor. In addition, both Canadian and U.S. counsel to the Monitor reviewed the <br />updated U.S. opinions and the prior U.S. opinions, and discussed such opinions with Local U.S. Counsel. <br />
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