The Filers, New Red Canada Limited Partnership and Tim Hortons Inc., applied for exemptive relief from various continuous disclosure, certification, audit committee, corporate governance, insider reporting, and accounting/auditing requirements under Ontario securities legislation.
The relief was sought in connection with a business combination involving Burger King Worldwide, Inc. and Tim Hortons Inc., which utilized an exchangeable unit structure.
The Ontario Securities Commission granted the requested exemptions, subject to several conditions ensuring that the exchangeable units provide substantially equivalent economic and voting rights to the underlying common shares, and that appropriate consolidated financial reporting and continuous disclosure are maintained.