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BZAM Ltd. - Reports
Second Report of the Monitor
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April 17, 2024 |
The purpose of this Second Report of the Monitor (the "Second Report") is to provide this Court with the Monitor's comments regarding certain issues raised in the motion brought by Final Bell Holdings International Ltd. ("FBHI") in these CCAA proceedings and scheduled to be heard by this Court on April 22 and 23, 2024 (such motion, the "Final Bell Motion"). This Second Report is not intended to provide a comprehensive update on these CCAA proceedings or the activities of the Monitor.
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First Report of the Monitor
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March 6, 2024 |
The purpose of the First Report of the Monitor is to provide the Court with the Monitor's comments and recommendations regarding the following:
a) The activities of the Monitor since the issuance of the Initial Order; and
b) The relief sought by the Applicants at the Comeback Hearing, including, among other things:
i. authorization and approval of BZAM's execution of a share subscription agreement among BZAM and 1000816625 Ontario Inc. (the "Stalking Horse Purchase Agreement" and the "Stalking Horse Purchaser");
ii. a Court-ordered charge (the "Bid Protections Charge") in favour of the Stalking Horse Purchaser as security for payment of the Bid Protections;
iii. approval of a sale and investment solicitation process (the "SISP") in which the Stalking Horse Purchase Agreement will serve as the "Stalking Horse Bid"; and
iv. approval of the amended and restated Initial Order (the "ARIO").
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Pre-Filing Report of the Proposed Monitor
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February 28, 2024 |
The purpose of the Pre-Filing Report of the Proposed Monitor, FTI Consulting Canada Inc. ("FTI"), is to inform the Court of the following:
a) FTI's qualifications to act as Monitor, if appointed;
b) The activities of FTI and its counsel, Stikeman Elliott LLP ("Stikeman");
c) FTI's comments regarding the BZAM Group's cash management system
d) FTI's comments regarding the BZAM Group's proposed stakeholder communication plan (the "Communication Plan");
e) BZAM Group's proposed treatment of certain pre-filing payables in the Proposed Initial Order;
f) BZAM Group's consolidated 13-week cash flow projections of its receipts and disbursements to May 25, 2024 (the "Cash Flow Projection") and the reasonableness thereof, in accordance with section 23(1)(b) of the CCAA;
g) BZAM Group's request for the approval of a $41.0 million debtor-in-possession ("DIP") credit facility (the "DIP Facility") and a corresponding charge in respect thereof (the "DIP Lender's Charge");
h) BZAM Group's proposed administration charge (the "Administration Charge") and proposed directors' and officers' charge (the "Directors' Charge");
i) A discussion of the BZAM Group's intended next steps in the CCAA Proceedings; and
j) FTI's views with respect to the proposed CCAA Proceedings and certain of the relief sought in the Proposed Initial Order.
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