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Chapter 15 Proceedings

Primus - Motion Materials

The following motion materials have been filed in the proceedings:

 Applicants' Motion Record (Returnable March 9, 2017) March 7, 2017
Please find attached the Primus Entities' Motion Record, with sworn affidavit, in advance of the hearing of the motion, seeking an order:
i.) extending the stay of proceedings until the earlier of September 1, 2017 or the termination of the Primus Entities' CCAA proceedings; and
ii.) approving the actions, conduct and activities of FTI Consulting Canada Inc. in its capacity as the Court-appointed Monitor

The motion is to be heard on Thursday, March 9, 2017 at 10:00 AM at 330 University Avenue, Toronto, Ontario.

 
Responding Motion Record of Bell Canada in respect of the Applicants' Motion for an Order Extending the Stay of Proceedings, Terminating the CCAA Proceedings and Discharging the Monitor
 Responding Bell Motion Record - Part 1
 Responding Bell Motion Record - Part 2
 Responding Bell Motion Record - Part 3
September 15, 2016
 
Please find attached the Motion Record of the Monitor (Passing of Accounts and Approval of Activities) in connection with the Monitor's Motion returnable September 16, 2016.

Please be advised that the motion is scheduled for 9:30 a.m. on September 16, 2016 at 330 University Avenue.

 Motion Record of the Monitor (Passing of Accounts and Approval of Activities) - Part 1 of 3
 Motion Record of the Monitor (Passing of Accounts and Approval of Activities) - Part 2 of 3
 Motion Record of the Monitor (Passing of Accounts and Approval of Activities) - Part 3 of 3

September 14, 2016
 
 Primus Entities Motion Record (Stay Extension et al) September 9, 2016
Attached is the record for the Applicants' motion scheduled for September 16, 2016 at 9:30 a.m., at 330 University Avenue. The motion will address the Applicants' request for, among other things, orders:
(a)extending the stay of proceedings until the earlier of March 19, 2017 or the termination of the Applicants' CCAA Proceedings;
(b)terminating these CCAA proceedings upon the delivery of the Monitor's Discharge Certificate (as defined in the Draft Order); and
(c)discharging FTI Consulting Canada Inc. ("FTI") as Monitor in these CCAA proceedings on delivery of the Monitor's Discharge Certificate.

 
 Costs Submissions of the Monitor August 29, 2016
Attached is a copy of the Costs Submissions of the Monitor in connection with the motion brought by Zayo Canada Inc. seeking payment of the Zayo pre-filing amount.
 
 Primus Applicants' Costs Submissions August 29, 2016
Attached is a copy of the Costs Submissions of the Primus Applicants in connection with the motion brought by Zayo Canada Inc. seeking payment of the Zayo pre-filing amount.
 
 Costs Submissions of Birch Communications August 29, 2016
Attached is a copy of the Costs Submissions of Birch Communications in connection with the motion brought by Zayo Canada Inc. seeking payment of the Zayo pre-filing amount.
 
 Costs Submissions of BMO as Agent for the Syndicate August 29, 2016
Attached is a copy of the Costs Submissions of BMO as Agent for the Syndicate in connection with the motion brought by Zayo Canada Inc. seeking payment of the Zayo pre-filing amount.
 
 Responding Factum of the Purchaser, Birch Communications Inc. August 10, 2016
Attached is a copy of the Responding Factum of the Purchaser, Birch Communications Inc. in connection with the motion brought by Zayo Canada Inc. 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.
 
 Book of Authorities of the Purchaser, Birch Communications Inc. August 10, 2016
Attached is a copy of the Book of Authorities of the Purchaser, Birch Communications Inc. in connection with the motion brought by Zayo Canada Inc. 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.
 
 Supplemental Book of Authorities of the Purchaser, Birch Communications Inc. August 10, 2016
Attached is a copy of the Supplemental Book of Authorities of the Purchaser, Birch Communications Inc. in connection with the motion brought by Zayo Canada Inc. 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.
 
 Responding Book of Authorities of the Applicants (Returnable August 9, 2016) August 4, 2016
Attached please find a copy of the Responding Book of Authorities of the Applicants in connection with the motion brought by Zayo Canada Inc. (“Zayo”) returnable 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.
 
 Factum of BMO as Agent for the Syndicate (Returnable August 9, 2016) August 3, 2016
Attached is a copy of the Responding Factum of Bank of Montreal, as Agent for the Syndicate, in connection with the motion brought by Zayo Canada Inc., which is returnable August 9, 2016.
 
 Brief of Authorities of BMO as Agent for the Syndicate (Returnable August 9, 2016) August 3, 2016
Attached is a copy of the Brief of Authorities of Bank of Montreal, as Agent for the Syndicate, in connection with the motion brought by Zayo Canada Inc., which is returnable August 9, 2016.
 
 Responding Factum of the Applicants (Returnable August 9, 2016) August 3, 2016
Attached please find a copy of the Responding Factum of the Applicants in connection with the motion brought by Zayo Canada Inc. (“Zayo”) returnable 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.
 
 Brief of Authorities of the Moving Party, Zayo Canada Inc. July 27, 2016
Attached is a copy of the Brief of Authorities of Zayo Canada Inc. in connection with the motion brought by Zayo 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.
 
 Factum of the Moving Party, Zayo Canada Inc. July 27, 2016
Attached is a copy of the sworn affidavit of Julie Wong Barker in connection with the motion brought by Zayo 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.
 
 Supplementary Motion Record of Zayo Canada Inc. July 27, 2016
Attached is a copy of the Supplementary Motion Record of Zayo Canada Inc. in connection with the motion brought by Zayo 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.
 
 Applicant's Responding Motion Record (Returnable August 9, 2016) July 20, 2016
Attached is a copy of the Applicants Motion Record (returnable August 9, 2016) in response to the motion brought by Zayo Canada Inc. seeking, inter alia, an order that the Monitor be paid the sum of $1,228,779.81 to Zayo from proceeds of the Applicants' court-approved sale.
 
 Responding Affidavit of Julie Wong Barker (Sworn July 8, 2016
Attached is a copy of the sworn affidavit of Julie Wong Barker in connection with the motion brought by Zayo 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.
 
 Affidavit of Kyle Mitchell (Unsworn) July 4, 2016
Attached is a copy of the unsworn affidavit of Kyle Mitchell, to be sworn in response to the affidavit of Julie Wong Baker, sworn June 10, 2016, and in response to the motion brought by Zayo Canada Inc. 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.
 
 Affidavit of Michael Nowlan (Unsworn) July 4, 2016
Attached is a copy of the unsworn affidavit of Michael Nowlan, to be sworn in response to the affidavit of Julie Wong Baker, sworn June 10, 2016, and in response to the motion brought by Zayo Canada Inc. 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.
 
 Motion Record of Zayo Canada Inc. June 10, 2016
 
 Notice of Motion re Zayo Canada Inc. March 1, 2016
Notice of motion of Zayo Canada Inc. for an Order that FTI Consulting Canada Inc., in its capacity as Monitor for the Applicants, pay Zayo the sum of $1,219,549.88 from proceeds of the sale of the Applicants' assets, on account of the Applicants' monetary defaults in relation to agreements assigned by Zayo to Birch Communications, Inc. and related relief.
 
 Revised Schedule A to the Assignment Order (Motion Scheduled for March 2, 2016) March 1, 2016
Attached please find the revised Schedule "A" to the Assignment Order in connection with the Primus Entities' motion on March 2, 2016 at 9:00 AM. This schedule reflects the following changes:
1. A updated list of agreements to be assigned to which Bell Canada is counterparty
2. A updated list of agreements to be assigned to which Telus is counterparty
3. Updated cure costs to be paid to MDM
4. Updated cure costs to be paid to Costco
 
 Factum of the Primus Entities - Assignment Order (Motion Scheduled for March 2, 2016) March 1, 2016
Attached is the Factum of the Primus Entities for the motion scheduled for Wednesday, March 2, 2016 at 9:00AM. The Book of Authorities of the Primus Entities is available upon request.
The Primus Entities are seeking an order assigning the rights and obligations of certain of the Primus Entities under certain contracts as required under the Asset Purchase Agreement approved by the Court on February 25, 2016, on terms set out in greater detail in the attached materials. Schedule "A" to the draft order found at Tab 3 of the Second Supplemental Motion Record of the Primus Entities lists the contracts seeking to be assigned.
 
 Applicant's Second Supplemental Motion Record (Motion Scheduled for March 2, 2016) February 29, 2016
Please be advised that the Primus Entities motion scheduled for Wednesday, March 2, 2016 at 10:00AM has been rescheduled by Justice Wilton-Siegel to Wednesday, March 2, 2016 at 9:00AM.
Attached is the Second Supplemental Motion Record of the Primus Entities for the motion scheduled for Wednesday, March 2, 2016 at 10:00AM.
The Primus Entities are seeking an order assigning the rights and obligations of certain of the Primus Entities under certain contracts as required under the Asset Purchase Agreement approved by the Court on February 25, 2016, on terms set out in greater detail in the attached materials. Schedule "A" to the draft order found at Tab 3 thereto lists the contracts seeking to be assigned.
 
 Primus Factum (Re: Approval of Birch Transaction, Stay Extension and Distribution - Returnable February 25, 2016) February 23, 2016
Attached is the Factum of the Primus Entities for the motion scheduled for Thursday, February 25, 2016. The motion will address the Primus Entities request for, among other things, Orders:
(i) Approving the Agreement of Purchase and Sale made and entered into as of January 19, 2016 between the Primus Entities and Birch Communications, Inc.;
(ii) Extending the Stay Period (as defined in the Initial Order of Justice Penny dated January 19, 2016) to September 19, 2016; and
(iii) Authorizing the Monitor to make certain disbursements (as set out in greater detail in the attached draft Stay Extension and Distribution Order).

 
 Applicants' Supplemental Motion Record (Motion Scheduled for February 25, 2016) February 22, 2016
Attached is the supplemental record for the Primus Entities motion scheduled February 25, 2016. The motion will address the Primus Entities request for, among other things, Orders:
(i) Approving the Agreement of Purchase and Sale made and entered into as of January 19, 2016 between the Primus Entities and Birch Communications, Inc.;
(ii) Extending the Stay Period (as defined in the Initial Order of Justice Penny dated January 19, 2016) to September 19, 2016; and
(iii) Authorizing the Monitor to make certain disbursements (as set out in greater detail in the attached draft Stay Extension and Distribution Order).

 
 Primus Entities (Court File No. CV-16-11257-00CL) February 18, 2016
Please be advised that the Primus Entities' Motion for sale approval and ancillary relief (returnable February 23, 2016) has been adjourned to February 25, 2016 and March 2, 2016 as follows.
The motion scheduled for February 25, 2016, will address the Primus Entities request for, among other things, Orders:
(i) Approving the Agreement of Purchase and Sale ("APA") made and entered into as of January 19, 2016 between the Primus Entities and Birch Communications, Inc.;
(ii) Extending the Stay Period (as defined in the Initial Order of Justice Penny dated January 19, 2016) to September 19, 2016; and
(iii) Authorizing the Monitor to make certain disbursements (as set out in greater detail in the draft Stay Extension and Distribution Order).
The Primus Entities' motion for an Order assigning the rights and obligations of the Primus Entities under certain agreements to Birch Communications, Inc. is currently scheduled for March 2, 2016.
 
 Manulife - Withdrawal of Objections February 10, 2016
Please be advised that on February 10, 2016, counsel to Manulife informed the Service List that Manulife does not intend to take a position with respect to the Primus Entities' motion returnable February 23rd, 2016.
 
 Comwave Networks Inc. - Withdrawal of Objections February 10, 2016
Please be advised that on February 10, 2016, counsel to Comwave Networks Inc. informed the Service List that Comwave Networks Inc. (i) intends to discontinue its action against Primus Telecommunications Canada Inc., Origin Merchant Partners, FTI Consulting Canada Inc. and FTI Consulting Canada ULC (Court File No. CV 16-544689), (ii) will not be opposing the pending motion of Primus related to the approval of the sale to Birch Communications Inc. and (iii) will not be filing responding material or conducting any cross examinations in respect of same.
 
 Motion Record - Returnable Feb. 10, 2016 February 9, 2016
Please find a copy of the Primus Entities motion return (returnable February 10, 2016) in connection with a motion for:
1) Authorization to make a payment of $234,512.92, plus HST to Knew Sales Group Inc.; and
2) Extension of the stay of proceedings to February 26, 2016.
 
 Motion Record - Approval of Sale Transaction and Assignment of Agreements February 2, 2016
The following is the motion record of the Primus Entities in support of a motion for, among other things, an order approving the Agreement of Purchase and Sale made and entered into as of January 19, 2016 between Birch Communications, Inc. and the Primus Entities. Please note that the Court hearing date to approve the sale of the Primus Entities' business and assets to Birch Communications Inc. has been rescheduled from February 17, 2016 (as indicated in this Motion Record) to February 23, 2016.
 
 Notice of Application January 19, 2016
Notice of Application in respect of a Motion for the Issuance of an Initial Order
 
 Primus Factum January 19, 2016
Primus Factum in respect of a Motion for the Issuance of an Initial Order
 
 Primus Application Record January 19, 2016
Primus Application Record in respect of a Motion for the Issuance of an Initial Order
 

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