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FTI Consulting, Inc. / GNC Holdings, Inc. et al
On June 23, 2020, GNC Holdings, Inc., General Nutrition Centres Company ("GNC Canada"), GNC Parent LLC, GNC Corporation, General Nutrition Centers, Inc., General Nutrition Corporation, General Nutrition Investment Company, Lucky Oldco Corporation, GNC Funding Inc., GNC International Holdings Inc., GNC China Holdco, LLC, GNC Headquarters LLC, Gustine Sixth Avenue Associated, Ltd., GNC Canada Holdings, Inc., GNC Government Services, LLC, GNC Puerto Rico Holdings, Inc., and GNC Puerto Rico, LLC (collectively, the "Chapter 11 Debtors") filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the "Bankrupt) (collectively, the "Chapter 11 Proceedings"). ). The Debtors have been granted approval to have their cases be jointly administered under Case No. 20-11662.
For the Chapter 11 Proceedings, Prime Clerk LLC was appointed as claims and noticing agent for the Chapter 11 Debtors. Further information on the Chapter 11 Proceedings can be found on the Prime Clerk case website at the following address: Prime Clerk - GNC Holdings, Inc.
On June 24, 2020, GNC Holdings, Inc. in its capacity as foreign representative of itself and the Chapter 11 Debtors in respect of the proceedings commenced on June 23, 2020 in the US Court, obtained an order (the "Interim Order")of the Ontario Superior Court of Justice (Commercial List) (the "Canadian Court"), among other things, granting a stay of proceedings in respect of the Debtors and their property and business, and in respect of their directors and officers, pending hearing of the application under Part IV of the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (the "CCAA") to the Canadian Court to recognize the Chapter 11 Proceedings commenced by the Debtors in the US Court (the "Recognition Proceedings").
- an order finding that GNC Holdings, Inc. is the foreign representative (the "Foreign Representative") of the Debtors and recognizing the cases commenced by the Debtors in the Chapter 11 Proceedings as foreign main proceedings under Part IV of the CCAA;
- an order recognizing certain first day orders issued in the Chapter 11 Proceedings (each as identified in the Application Record);
- an order appointing FTI Consulting Canada Inc. ("FTI Canada") as information officer (the "Information Officer") in respect of the Recognition Proceedings;
- an order granting the administration charge, the DIP ABL FILO Lenders' charge and the DIP term lenders' charge (each as defined in the Application Record);
- an order approving the consulting agreement entered into between GNC Canada and a joint venture comprised of Tiger Asset Solutions Canada ULC and GA Retail Canada ULC (the "Consulting Agreement"); and,
- such further and other relief as the Canadian Court may seem just.
GNC Holdings, Inc.'s application seeking the additional relief referenced above has been adjourned to June 29, 2020 at 11AM.
On June 29, 2020, the Canadian Court granted the initial recognition order (foreign main proceeding) (the "Initial Recognition Order"), and the supplemental order (foreign main proceeding) (the "Supplemental Order" and together with the Initial Recognition Order, the "Recognition Orders") granting, inter alia, the relief noted above.
In addition to the Recognition Orders on June 29, 2020, the Canadian Court granted the consulting agreement approval order (the "Consulting Agreement Approval Order") that, inter alia, recognized the Chapter 11 Store Closings Order attached as Schedule "B" to the Consulting Agreement Approval Order, approved the Consulting Agreement, and authorized and directed the Chapter 11 Debtors to conduct the store closing sale in accordance with the applicable leases, the Canadian Store Closing Procedures and the Canadian Sale Guidelines (as defined in the Consulting Agreement Approval Order). The sale termination date shall be the earlier of September 30, 2020, and the effective date of a store lease rejection in the Chapter 11 Proceedings.
On October 30, 2020, the Information Officer received confirmation from the Foreign Representative that the Effective Date of the Plan of Reorganization occurred on October 30, 2020, and the Information filed a certificate which terminated the CCAA recognition proceedings pursuant to the Termination Order.
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