Brian Empey

The applicant, owner of a biomass electrical co-generation facility, sought an Initial Order under the Companies' Creditors Arrangement Act (CCAA).

Facing significant debt, construction liens, and operational difficulties, the applicant required a stay of proceedings to implement a sales and investment solicitation process.

The court granted the Initial Order, including a stay of proceedings, authorization to pay critical pre-filing supplier expenses, approval of a $5 million DIP financing facility with a priority charge, and a sealing order over sensitive commercial information.

The applicants, a group of real estate development companies, sought an Initial Order under the CCAA and the continuation of their NOI proceedings under the CCAA.

Concurrently, the foreign representative of the parent company sought recognition of Israeli insolvency proceedings as a foreign main proceeding under Part IV of the CCAA.

The court approved a Co-operation Protocol between the foreign representative and the proposed Monitor, recognized the Israeli proceeding as a foreign main proceeding, and granted the Initial Order.

The court also extended the stay of proceedings to related limited partnerships and approved various administrative and interim financing charges.