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Aspire - Motion Materials
The following motion materials have been filed in the proceedings:
 Factum of the Receiver (Distribution, Discharge, and Fee Approval Order) (Returnable October 27, 2025) |
October 24, 2025 |
| This factum is filed by the Receiver in support of the Amended AVO and Distribution, Discharge, and Fee Approval Order. | |
| Motion Record of the Receiver (Re: Distribution, Discharge, and Fee Approval Order) (Returnable October 27, 2025) |
October 23, 2025 |
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The Motion is for: 1. an order (the "Amended AVO") substantially in the form attached at Tab "3" of this motion record, that amends the Approval and Vesting Order granted by this Court on September 23, 2025 (the "Approval and Vesting Order") to, among other things, remove the Option as a "Permitted Encumbrance"; 2. an order (the "Distribution, Discharge, and Fee Approval Order"), substantially in the form attached at Tab "5" of this motion record, that, among other things (a) authorizes the Receiver to make the distributions contemplated therein, including to FCC with respect to the Indebtedness; (b) approves the first report of the Receiver dated September 18, 2025 (the "First Report"), the supplemental report of the Receiver dated September 22, 2025, and second report of the Receiver dated October 23, 2025 (the "Second Report") and the activities of the Receiver as set out therein; (c) approves the Receiver's statement of receipts and disbursements for the period from May 6, 2025, to October 21, 2025; (d) approves the fees and disbursements of the Receiver and the Receiver's counsel, Stikeman Elliott LLP ("Stikeman Elliott"), as described in the Fee Affidavits appended to the Second Report; (e) terminates these proceedings and discharges the Receiver from the powers, duties, and obligations attendant to its appointment as Receiver upon serving the Discharge Certificate on the service list; and 3. such further and other relief as this Honourable Court may deem just. | |
| Factum of the Receiver (Sale Approval and Vesting Order) (Returnable September 23, 2025) |
September 22, 2025 |
| This Factum is filed by the Receiver in support of the Approval and Vesting Order. | |
| Motion Record of the Receiver (Re: Approval and Vesting Order) (Returnable September 23, 2025) |
September 18, 2025 |
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This motion is for an order (the "Approval and Vesting Order") substantially in the form attached to Tab "3" of this motion record, that among other things: (a) approves the asset purchase agreement between the Receiver, in its capacity as receiver and manager of the Aspire Group, as vendor, and Halali Group Holdings Ltd. as purchaser (the "Purchaser") dated August 28, 2025, as amended on September 18, 2025 (and as may be further amended and restated, including by means of the Amending Agreement (as defined below), the "Asset Purchase Agreement"); (b) authorizes and approves the transaction contemplated by the Asset Purchase Agreement (the "Transaction"), and authorizes and directs the Receiver to take such additional steps and execute such additional documents as may be necessary or desirable for the completion of the Transaction; (c) vests in the Purchaser the right, title and interest of the Aspire Group, with the exception of Aspire Food Group USA, Inc. (the "Aspire Vendors") in and to the Purchased Assets (as defined in the Asset Purchase Agreement), upon delivery of the Receiver's certificate, substantially in the form attached as Schedule "A" to the Approval and Vesting Order; and (d) seals the confidential supplement (the "Confidential Supplement") to First Report of the Receiver dated September 18, 2025 (the "First Report") until further order of the Court. | |
| Applicant's Supplementary Factum (Receivership Appointment) |
May 1, 2025 |
| This supplementary factum is supplementary to FCC's factum filed on February 28, 2025 (the "First FCC Factum") and should be read together with the First FCC Factum. | |
| Supplementary Application Record |
May 1, 2025 |
| Supplementary application under section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended and section 101 of the Courts of Justice Act, R.S.O. 1990, c. c-43, as amended. | |
| Applicant's Factum (Receivership Appointment) |
February 28, 2025 |
| This Factum is filed in support of an Application by Farm Credit Canada ("FCC") for an Order (the "Appointment Order") appointing FTI Consulting Canada Inc. ("FTI") as receiver and manager (in such capacity, the "Receiver") without security, of all of the property, assets and undertakings (collectively, the "Property") of Aspire Food Group Ltd./Le Groupe Alimentaire Asire Ltée ("Aspire") Aspire Food Group Canada Ltd./Le Groupe Alimentaire Aspire Canada Ltée ("Aspire Canada") 11850407 Canada Inc. ("118 Canada") 8679398 Canada Inc. ("867 Canada" and, together with Aspire, Aspire Canada and 118 Canada, the "Aspire Borrowers") and Aspire Food Group USA, Inc., ("Aspire USA" and, together with Aspire, Aspire Canada, 118 Canada and 867 Canada, the "Aspire Group") pursuant to section 243 of the Bankruptcy and Insolvency Act (Canada) (the "BIA") and section 101 of the Courts of Justice Act (Ontario). | |
| Application Record |
February 26, 2025 |
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Application under section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended and section 101 of the Courts of Justice Act, R.S.O. 1990, c. c-43, as amended for: (a) an Order substantially in the form of the Order attached Tab 3 of the Application Record, to be filed, appointing FTI Consulting Canada Inc. ("FTI") as receiver and manager (in such capacity, the "Receiver"), without security, of the property, assets, and undertakings of the Respondents (collectively, the "Property") pursuant to Section 243 of the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, as amended (the "BIA") and Section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended (the "CJA") and (b) such further and other relief as may be just and equitable. | |
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