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Intercompany loans from parent to subsidiary in CCAA proceedings confirmed as debt, not equity claims.
In the CCAA proceedings of U.S. Steel Canada Inc., its parent company, United States Steel Corporation, sought approval of several proofs of claim totaling over $2 billion.
Various stakeholders objected, arguing that the intercompany loans should be re-characterized as 'equity claims' under the CCAA and that the security granted for certain advances was void as a fraudulent preference or unenforceable for lack of consideration.
The court rejected the objections, finding that the parent company had a reasonable expectation of repayment when the advances were made, and that the security was validly granted for fresh consideration and did not constitute a fraudulent preference.
The claims were confirmed as debt claims.
CCAA plan sanctioned with releases and stay extension.
In CCAA proceedings, the applicants sought sanction of an amended and restated plan of compromise and arrangement, approval of related releases, and an extension of the stay.
The court held the plan satisfied the established sanction requirements because statutory compliance was met, the voting results were unanimous in all creditor classes, and the plan was fair and reasonable in light of the available alternatives and stakeholder support.
The court also approved third party and director/officer releases as rationally connected to the restructuring and necessary to its successful completion.
The stay was extended and the Monitor's activities and reports were approved.
Initial CCAA protection granted with claims process and creditor meetings approved.
The applicants sought an initial order under the Companies’ Creditors Arrangement Act to commence restructuring proceedings and implement a proposed recapitalization supported by secured noteholders holding the majority of the applicants’ debt.
The court found the applicants qualified as debtor companies under the CCAA and were insolvent due to defaulted secured notes exceeding $110 million and an inability to meet obligations as they became due.
The court approved the initial order, including a stay of proceedings, administration and directors’ charges, authorization to pay certain pre‑filing obligations, and appointment of a monitor with authority to seek Chapter 15 recognition in the United States.
The court also granted a claims procedure order and a meetings order permitting creditors to vote on a proposed plan of compromise and arrangement, including classification of creditor groups and authorization to proceed with a consolidated plan.
Initial CCAA order granted approving restructuring steps and related charges.
A debtor company sought an initial order under the Companies’ Creditors Arrangement Act to implement a consensual recapitalization transaction supported by major secured creditors.
The motion requested a stay of proceedings, approval of debtor‑in‑possession financing and related charges, authorization for certain pre‑filing payments, and the appointment of a monitor and foreign representative.
The court was satisfied that the company qualified as a debtor company and that the restructuring proposal had substantial creditor support.
The court granted the requested relief, including a sealing order for confidential financial materials and approval of claims procedure and creditors’ meetings orders to facilitate the restructuring plan.