Companies’ Creditors Arrangement Regulations (SOR/2009-219)

(To be filed with the Superintendent of Bankruptcy under paragraph 23(1)(f) of the Companies’ Creditors Arrangement Act)

The following information pertains to the order made on the initial application in respect of (name of debtor company):

• 1 

  Name of court, judicial district and court file number:
  • 
  • 
  • 
• 2 

  Date on which order is made:
• 3 

  Debtor company’s head office address, telephone number and Web site address, if any:
  • 
  • 
  • 
• 4 

  Names under which debtor company carries on business, if different from name set out above:
  • 
  • 
• 5 

  Name and Web site address of monitor:
  • 
  • 
  • 
• 6 

  Name, address, telephone number and e-mail address of monitor’s representative responsible for the proceedings:
  • 
  • 
  • 
• 7 

  Web page address created for the proceedings, if any:
  • 
  • 

Dated at , , on 20.

(To be filed with the Superintendent of Bankruptcy under paragraph 23(1)(f) of the Companies’ Creditors Arrangement Act)

PART 1Information Respecting Debtor Company

• 1 

  Name, including names under which the debtor company carries on business, if any:
  • 
  • 
  • 
• 2 

  Debtor company’s head office address, telephone number and Web site address, if any:
  • 
  • 
  • 
• 3 

  The debtor company is

  □ a not-for-profit body corporate,

  □ an income trust, or

  □ other (Specify: )

• 4 

  Industry type code using the North American Industry Classification System:
  • 
• 5 

  Names and titles of directors and officers:
  • 
  • 
  • 
• 6 

  Any other names used by the debtor company during the 24-month period before the making of the order on the initial application, including names under which the company carried on business:
  • 
  • 
  • 
• 7 

  Previous proceedings:
  • • 

    under the Bankruptcy and Insolvency Act: □ yes □ no
    • If yes, estate number:
  • • 

    under the Companies’ Creditors Arrangement Act: □ yes □ no
    • If yes, name of court, judicial district and court file number:
      • 
      • 
      • 
  • • 

    foreign proceedings: □ yes □ no
    • If yes, country, name of court, judicial district and court file number:
      • 
      • 
      • 
• 8 

  Are debtor company’s shares or units publicly traded? □ yes □ no
  • If yes, index symbol: country:
• 9 

  Incorporation number, if applicable:

  □ Federal

  □ Provincial (Specify: )

  □ Other(Specify: )

• 10 

  Are there companies that are affiliated with or subsidiaries of the debtor company?
  • □ yes □ no
  • If yes, names of affiliated and subsidiary companies:
    • 
    • 
    • 
• 11 

  Date of the most recent consolidated financial statements of debtor company:
  • //(YYYY/MM/DD)
• 12 

  The statements referred to in item 11 are:

  □ audited (Name of auditor:)

  □ unaudited

• 13 

  Book values for the debtor company set out in the statements referred to in item 11:
  • • 

    Book value of total assets: $
  • • 

    Book value of total liabilities: $

    • secured: $

    • unsecured: $

    • trust claims: $

  • • 

    Book value of total liabilities that are contingent: $
• 14 

  Does the debtor company participate in any prescribed pension plans for the benefit of its employees? □ yes □ no
  • If yes, give name of each plan and indicate whether it is a defined benefit or defined contribution plan:
    • 
    • 
    • 
• 15 

  Name, address, telephone number and e-mail address of debtor company’s legal counsel:
  • 
  • 
  • 

PART 2Information Respecting Debtor Company

• 16 

  Monitor’s toll-free number for the proceedings, if any:
  • Monitor’s Web page created for the proceedings, if any:
• 17 

  Name, address, telephone number and e-mail address of monitor’s legal counsel:
  • 
  • 
  • 

PART 3To Be Completed if There Is a Foreign Proceeding

• 18 

  Name of foreign representative:
• 19 

  Country, name of court, judicial district and court file number:
  • 
  • 
  • 
• 20 

  Indicate whether the proceeding is

  □ a foreign main proceeding, or

  □ a foreign non-main proceeding.

• 21 

  Date of first order in foreign proceeding: //(YYYY/MM/DD)

Dated at , , on 20.

(To be filed with the Superintendent of Bankruptcy under paragraph 23(1)(f) of the Companies’ Creditors Arrangement Act)

PART 1Information Respecting Debtor Company

• 1 

  Name of debtor company:
• 2 

  File number assigned by the Superintendent of Bankruptcy:
• 3 

  Date of the most recent consolidated financial statements for debtor company:
  • //(YYYY/MM/DD)
• 4 

  The statements referred to in item 3 are:

  □ audited (Name of auditor:)

  □ unaudited

• 5 

  Book values for the debtor company set out in the statements referred to in item 3:
  • • 

    Book value of total assets: $
  • • 

    Book value of total liabilities: $

    • secured: $

    • unsecured: $

    • trust claims: $

  • • 

    Book value of total liabilities that are contingent: $
• 6 

  Does the debtor company participate in any prescribed pension plan for the benefit of its employees? □ yes □ no
  • If yes, give name of each plan and indicate whether it is a defined benefit or defined contribution plan:
    • 
    • 
    • 

PART 2Information Respecting Proceedings

• 7 

  Was interim financing granted by court order under section 11.2 of the Act? □ yes □ no
  • If yes,
    • • 

      amount of interim financing granted by court order: $
    • • 

      amount drawn: $
• 8 

  Was a compromise or arrangement sanctioned by the court? □ yes □ no
  • If yes,
    • • 

      Date on which the compromise or arrangement was sanctioned by the court: //(YYYY/MM/DD)
    • • 

      Was the compromise or arrangement approved by the creditors before the initial application was made? □ yes □ no
    • • 

      Was the compromise or arrangement completed? □ yes □ no
• 9 

  Name of debtor company at time of monitor’s discharge:
  • 
  • 

PART 3To Be Completed if There Is a Foreign Proceeding

• 10 

  Name of foreign representative:
• 11 

  Country, name of court, judicial district and court file number:
  • 
  • 
  • 
• 12 

  Indicate if the proceeding is a

  □ a foreign main proceeding, or

  □ a foreign non-main proceeding.

• 13 

  Date of first order in foreign proceeding: //(YYYY/MM/DD)

Dated at , , on 20.

To , (monitor and parties to the agreement)

Take notice that

• 1 Proceedings under the Companies’ Creditors Arrangement Act (“the Act”) in respect of (name of debtor company) were commenced on the day of , 20.

• 2 In accordance with subsection 32(1) of the Act, the debtor company gives you notice of its intention to disclaim or resiliate the following agreement (provide sufficient details of the agreement to enable it to be identified):

  

  

  

• 3 In accordance with subsection 32(2) of the Act, any party to the agreement may, within 15 days after the day on which this notice is given and with notice to the other parties to the agreement and to the monitor, apply to court for an order that the agreement is not to be disclaimed or resiliated.

• 4 In accordance with paragraph 32(5)(a) of the Act, if no application for an order is made in accordance with subsection 32(2) of the Act, the agreement is disclaimed or resiliated on the day of , 20, being 30 days after the day on which this notice has been given.

Dated at , , on 20.

The monitor approves the proposed disclaimer or resiliation.

Dated at , , on 20.

Monitor’s representative responsible for the proceedings