http://CFCanada.fticonsulting.com
Home
Status Updates
Court Orders
Reports
Motion Materials
Sale and Investment Solicitation Process
Claims Procedure
Creditors Meeting
Other Documents & Notices
Service List
Frequently Asked Questions

Banro Corporation - Motion Materials

The following motion materials have been filed in the proceedings:

 Motion Record of the Applicants - Returnable April 23, 2018 April 18, 2018
 
 Sanction Order - Revised - March 26 2018 March 26, 2018
 
 Reply Book of Authorities - March 26, 2018 March 26, 2018
 
 Reply Factum - March 26, 2018 March 26, 2018
 
 Affidavit of Sophie Moher - March 26, 2018 March 26, 2018
 
 Book of Authorities of VR Global Partners, L.P. March 23, 2018
 
 Factum March 23, 2018
 
 Revised Plan Sanction Order - Clean March 23, 2018
 
 Revised Plan Sanction Order - Blackline March 23, 2018
 

 Factum - March 27 Hearing
 Volume 1 of 2 - Book of Authorities - March 27 Hearing
 Volume 2 of 2 - Book of Authorities - March 27 Hearing
March 20, 2018
 

 Motion Record of the Applicants returnable Tuesday, March 27, 2018 at 10:00 a.m. at the Ontario Superior Court of Justice (Commercial List)
March 13, 2018

The Applicants' motion is for a Plan Sanction Order which, if granted, will, among other things:

a) sanction the Applicants' Amended Consolidated Plan of Compromise and Reorganization (the "Plan");
b) extend the stay of proceedings until the earlier of the Implementation Date (as defined in the Plan) or April 27, 2018;
c) declare that all of the claims based on allegations set forth in the Class Action Notice of Action filed in the United States District Court of the Southern District of New York by EMA Garp Fund, L.P. and Lawrence Lepard, Individually and Behalf of all Others Similarly Situated, as plaintiffs against Banro and John Clarke as defendants bearing Case No. 18-cv-01986 have been, are and will forever be compromised, released, discharged, cancelled and barred;
d) give effect to the releases in favour of the Banro Released Parties (including the Directors and Officers as well as the Third Party Released Parties, all as defined in and required by the Plan);
e) approve the Third Report of the Monitor; and
f) approve the Fourth Report of the Monitor.

 
 Sworn Affidavit of Sophie Moher, Amended Plan of Comprise and Reorganisation March 09, 2018
 
 Notice of Objection of VR Global Partners March 07, 2018
 
 Notice of Appearance - VR Global Partners LP March 06, 2018
 
 Motion for Claims Procedure Order - Updated January 31, 2018
 
 Motion for Meeting Order - Updated January 31, 2018 January 31, 2018
 
 Affidavit of S Moher January 31 2018 January 31, 2018
 

 Factum - February 1 Hearing
 Book of Authorities - February 1 Hearing
January 30, 2018
 

 Motion returnable February 1, 2018
January 25, 2018

In this motion, the Applicants seek the Court's approval of:
1. a Claims Procedure Order; and
2. a Meeting Order, which, if granted, will inter alia:
i. accept for filing the Applicants' Consolidated Plan of Compromise and Reorganization (the "Plan");
ii. establish two classes of creditors for the purpose of voting on the Plan;
iii. authorize the holding of creditors meetings to consider and vote on a resolution to approve the Plan;
iv. set a date for a hearing to sanction the Plan, if approved at the creditors meetings; and
v. approve the Second Report of the Monitor and the activities described therein.

 
 Book of Authorities of the Applicants - Comeback Motion January 16, 2018
 
 Factum of the Applicants - Comeback Motion January 16, 2018
 
 Amended Notice of Motion of the Applicants January 11, 2018

Comeback Motion now returnable Thursday, January 18, 2018 at 10:00a.m. at the Ontario Superior Court of Justice.

 
 Motion Record January 08, 2018

Motion seeking an extension of the stay of proceedings up to March 30, 2018, priority of the CCAA charges over all Encumbrances, and approval of a sale and investment solicitation process.

 

 Application Record - Volume 1 of 2
 Application Record - Volume 2 of 2
December 22, 2017

On this Application, the Applicants seek inter alia the following relief:
a) a declaration that the CCAA applies to the Applicants;
b) a stay of proceedings in favour of the Applicants and certain non-applicant subsidiaries;
c) the appointment of FTI Consulting Canada Inc. as the monitor;
d) approval of DIP Financing and the establishment of a DIP Lenders' Charge;
e) authorization for the Applicants to comply with their obligations pursuant to a Support Agreement;
f) the establishment of a Directors' Charge; and
g) the establishment of an Administration Charge.

 
 Factum of the Applicants December 22, 2017

Factum of the Applicants in respect of a Motion for the Issuance of an Initial Order

 
 Book of Authorities of the Applicants December 22, 2017

Book of Authorities of the Applicants in respect of a Motion for the Issuance of an Initial Order

 

Contact FTI

FTI Consulting
TD Waterhouse Tower
79 Wellington Street West
Suite 2010, P.O. Box 104
Toronto, Ontario M5K 1G8

Useful Links

FTI Consulting
Office of the Superintendent of Bankruptcy Canada