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Carpathian - Motion Materials
The following motion materials have been filed in the proceedings:
 Book of Authorities of the Receiver |
April 22, 2016 |
Book of Authorities of the Receiver re Approval and Vesting Order and Discharge Order, returnable April 29, 2016 |
| Factum of the Receiver |
April 22, 2016 |
This motion is brought by the Reciever for; a)an order (the "Approval and Vesting Order") (i) Approving the share and asset purchase agreement made and entered into as of April 22, 2016 (the "Sale Agreement") between the Receiver and Brio Finance Holdings B.V.(the "Purchaser") for the sale of the Limited Receivership Assets (as defined below) and the transactions contemplated thereby (the "Brio Transaction"); (ii) Vesting all right, title and interest of the Debtor in and to the Limited Receivership Assets in teh Purchaser free and clear of any Encumbrances (as defined in the Approval and Vesting Order); and b) an order(the "Discharge Order") (i) Apporving the first report of the Receiver dated April 22, 2016 and the activites described therein;and (ii) discharging the Receiver and terminiating this receivership (the "Receivership"), each effective upon the filing with the Court by the Receiver of a certificate confriming completion of the Receiver's remaining obligations (the "Discharge Certificate"). |
| Motion Record of the Receiver |
April 22, 2016 |
Motion of the Receiver, returnable April 29, 2016, requesting the granting by the Court of: (a) An approval and vesting order (the “AVO”) contemplated in the Share and Asset Purchase Agreement dated as of April 22, 2016, entered into, subject to Court approval, between the Receiver as Vendor and Brio as Purchaser (the “Sale Agreement”) pursuant to which Brio will acquire the right, title and interest of the Receiver and Carpathian in the Limited Receivership Assets (the “Brio Transaction”); and (b) An Order discharging the Receiver and terminating the Receivership, each effective upon the filing with the Court by the Receiver of a certificate confirming completion of the Receiver’s remaining obligations (the “Receiver’s Completion Certificate”). |
| Application of Brio Finance Holdings B.V. |
April 22, 2016 |
Application of Brio Finance Holdings B.V. (the “Brio”) pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”) seeking the appointment of FTI Consulting Canada Inc. as Receiver of: (a) All shares of Ore-Leave Capital (Brazil) Limited (“OLC Brazil”) issued to Carpathian; (b) The memberships of Carpathian in OLV-Coöperatie U.A. (“OLV”) including all of Carpathian’s right, title and interest in and to such memberships as well as all rights of Carpathian in connection with such memberships including, without limitation, Carpathian's entitlement to any account held by, and rights to receive payment from, OLV under OLV’s articles of association; and (c) All indebtedness owing by any of Mineração Riacho Dos Machados Ltda. (“MRDM”), OLC Brazil, OLV or OLC Holdings B.V. to Carpathian (the “Carpathian Intercompany Debt”). |
| Factum |
April 22, 2016 |
Factum of Brio in respect of application for Limited Receivership Order |
| Book of Authorities |
April 22, 2016 |
Book of Authorities of Brio in respect of application for Limited Receivership Order |
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