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Curo Canada Corp. and LendDirect Corp. - Reports

 Third Report of the Information Officer
May 16, 2024
This Third Report (this "Third Report") has been filed by FTI in its capacity as the Information Officer. The purpose of this Third Report is to provide the Court with the following:
(a) a summary of the activities of the Information Officer since the filing of the Second Report of the Information Officer dated April 22, 2024 (the "Second Report"); and
(b) the Information Officer's views, subject to the outcome of the hearing in the U.S. Court on May 16, 2024, regarding the Foreign Representative's motion for an order (the "Third Recognition Order").
 
 First Report of the Information Officer
April 3, 2024
This First Report (this "First Report") has been filed by FTI in its capacity as the Information Officer. The purpose of this First Report is to provide the Court with the following:
(a) an update on the Chapter 11 Cases since the granting of the Initial Recognition Order and the Supplemental Order;
(b) the Information Officer's views regarding the Foreign Representative's motion for an order (the "Recognition Order"), among other things, recognizing and enforcing the Following orders of the U.S. Court (collectively, the "Additional Orders"): i) Securitization Amendment Order, ii) Interim Critical Vendor Order, iii) Utilities Order, iv) Final Taxes Order, v) Disclosure Statement Order, and vi) Revised Customer Programs Order
(c) a summary of the activities of the Information Officer since its appointment.
 
 Pre-Filing Report of the Proposed Information Officer
March 26, 2024
The Pre-Filing Report of the Proposed Information Officer (the "Pre-Filing Report") has been prepared by FTI Canada Consulting Inc. ("FTI"), in its capacity as the proposed information officer (in such capacity, the "Proposed Information Officer"), to provide information to the Court pertaining to:
(a) certain background information concerning the Debtors, including the Canadian Debtors, the Chapter 11 Cases and these Recognition Proceedings (together, the "Restructuring Proceedings");
(b) the qualifications of FTI to act as the information officer in these Recognition Proceedings (if appointed in such capacity, the "Information Officer");
(c) the Proposed Information Officer's views regarding the Foreign Representative's application for an order (the "Initial Recognition Order"), among other things:
(i) recognizing the Chapter 11 Cases as a "foreign main proceeding" in respect of the Canadian Debtors and CURO as the "foreign representative" in respect of the Chapter 11 Cases, as such terms are defined in section 45 of the CCAA; and
(ii) declaring that the Interim Stay Order shall be of no further force or effect upon the granting of the Initial Recognition Order; and
(d) the Proposed Information Officer's views regarding the Foreign Representative's application for an order (the "Supplemental Order"), among other things:
(i) recognizing certain of the First Day Orders;
(ii) granting a stay of proceedings in favour of the Canadian Debtors and each of their respective property, business and directors and officers;
(iii) granting a charge on the Canadian Debtors' property in favour of Canadian counsel to the Foreign Representative and the Canadian Debtors, the Information Officer, and counsel to the Information Officer, as security for their respective professional fees and disbursements incurred in respect of these Recognition Proceedings (the "Administration Charge");
(iv) granting a charge on the Canadian Debtors' property in favour of the directors and officers of the Canadian Debtors, as security for the Canadian Debtors' indemnification obligations under the proposed Supplemental Order (the "D&O Charge");
(v) granting charges (together, the "Securitization Charges") on the Canadian Debtors' property in favour of (A) the Collateral Agent (as defined in the Interim Securitization Motion) under the Canada SPV Facility (as definedbelow) and (B) the Collateral Agent under the Canada SPV II Facility (as defined below), to secure the obligations of the Canadian Debtors under the Canada SPV Facility and the Canada SPV II Facility (together, the "Canadian Securitization Facilities"), respectively and to protect the agents in the event that the sale of receivables are recharacterized as a security interest instead of a true sale; and
(vi) appointing FTI as the Information Officer.
 

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