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Chapter 15 Proceedings

Primus - Court Orders

The following Court Orders have been granted in the proceedings:

Please find attached the issued and entered Stay Extension and Approval Order of Madam Justice Conway, which:
(i) Extends the Applicants' Stay Period (as defined in the Initial Order of Justice Penny dated January 19, 2016) to September 1, 2017; and
(ii) Approves the actions, conduct and activities of FTI Consulting Canada Inc. in its capacity as the Court-appointed Monitor as described in its Fifth Report.

The Endorsed issued and entered in respect of the same motion is also attached.


 Stay Extension Order (March 9, 2017)
 Endorsement – Stay Extension Order
March 9, 2017
 
Please find attached a copy of:
(i) The issued and entered Passing of Accounts and Approval of Activities Order of the Honourable Mr. Justice Newbould and endorsement with respect thereto; and
(ii) The issued and entered Stay Extension, Discharge and Termination Order of the Honourable Mr. Justice Newbould and endorsement with respect thereto.


 Passing of Accounts and Approval of Activities Order (Sept. 16, 2016)
 Endorsement of Justice Newbould re: Passing of Accounts and Approval of Activities (Sept. 16, 2016).
 Stay Extension, Discharge and Termination Order (Sept. 16, 2016)
 Endorsement of Justice Newbould re: Stay Extension, Discharge, and Termination (Sept. 16, 2016)
September 16, 2016
 
 Endorsement of Justice Penny - Zayo Canada Inc. Motion August 18, 2016
The Motion brought by Zayo Canada Inc. returnable on August 9, 2016, seeking, inter alia, an order that the Monitor pay the sum of $1,228,779.81 to Zayo from proceeds of the Applicants' court-approved sale has been dismissed.
 
 Monitor's Certificate - Closing of Sale Transaction April 1, 2016
Attached is a certified true copy of the Monitor’s Certificate that has been delivered and filed in accordance with the Approval and Vesting Order of the Honourable Mr. Justice Hainey granted on February 25, 2016
 
 Assignment Order (March 2, 2016) March 2, 2016
The Order issued by the Court dated March 2, 2016 assigns the rights and obligations of certain of the Primus Entities under certain contracts as required under the Asset Purchase Agreement which was approved by the Court on February 25, 2016.
 
 Endorsement of Justice Wilton-Siegel (March 2, 2016) March 2, 2016
Endorsement of Justice Wilton-Siegel dated March 2, 2016 regarding the Assignment Order.
 
 Endorsement of Justice Hainey February 25, 2016
Endorsement of Justice Hainey dated February 25, 2016 regarding the Approval and Vesting Order and the Stay Extension and Distribution Order.
 
 Primus Approval and Vesting Order February 25, 2016
Order issued by the Court approving the Transaction pursuant to an Asset Purchase Agreement between certain Primus Entities (the “Vendors”) and Birch Communications, Inc. (the “Purchaser”).
 
 Primus Stay Extension and Distribution Order February 25, 2016
Order issued by the Court extending the Primus Stay of Proceedings until September 19, 2016 and authorizing and directing the Monitor disburse funds in respect of (i) the Origin Fees; (ii) the Syndicate Distribution and the Additional Syndicate Distributions (subject to maintaining the amount of the Holdback; (iii) the Priority Claims (as the term is defined below); (iv) the fees and expenses of the Monitor and the Monitor's legal counsel and of the legal counsel to the Primus Entities (collectively, the "Professional Expenses"); and (v) amounts owing by the Primus Entities in respect of obligations incurred since the commencement of the CCAA Proceedings.
 
 Stay Extension Order February 10, 2016
The Stay Extension Order extends the stay of proceedings to February 26, 2016.
 
 Endorsement of Justice Penny, J. February 8, 2016
The motion of the Primus Entities returnable February 17, 2016 has been adjourned to February 23, 2016 for a one-half day hearing before Justice Penny. Any responding materials must be filed by February 15, 2016.
 
 Endorsement of Justice Penny, J. January 21, 2016
Revised Reasons for issuance of Initial Order in respect of the Primus Entities, the Honourable Justice Penny J.
 
 Endorsement of Justice Penny, J. January 19, 2016
Endorsement of Justice Penny, J. in respect of a Motion for the Issuance of an Initial Order
 
 Initial Order January 19, 2016
Initial Order granting CCAA protection to the Primus Entities until February 18, 2016.
 

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