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Cline Mining Corporation/New Elk Coal Company LLC /North Central Energy Company - Status Updates

July 30, 2015

On July 30, 2015 by Order of the Ontario Superior Court of Justice, the proceedings under the Companies Creditors' Arrangement Act have been terminated and the Monitor has been discharged.


July 8, 2015

On July 8, 2015 the Monitor filed its certificate with the Court certifying that all conditions precedent set out in section 9.1 of the Plan have been satisfied or waived in accordance to the Plan and pursuant to the terms of the Plan, the Plan Implementation Date has occurred.


June 1, 2015

On June 1, 2015 the Applicants obtained an order from the Ontario Superior Court of Justice (Commercial List) extending the period of the Court-ordered stay of proceedings against the Applicants under the Companies' Creditors Arrangement Act until August 17, 2015.


March 30, 2015

On March 30, 2015 the Applicants obtained an order from the Ontario Superior Court of Justice (Commercial List) extending the period of the Court-ordered stay of proceedings against the Applicants under the Companies' Creditors Arrangement Act until June 1, 2015.


January 27, 2015

On January 27, 2015 the Applicants obtained an order from the Ontario Superior Court of Justice (Commercial List) extending the period of the Court-ordered stay of proceedings against the Applicants under the Companies' Creditors Arrangement Act until April 1, 2015.


January 27, 2015

The Ontario Superior Court of Justice granted an order (the "Sanction Order") on January 27, 2015 approving the Applicants' amended and restated plan of compromise and arrangement pursuant to the Companies' Creditors Arrangement Act (Canada).


January 21, 2015

The resolution approving the Company's amended and restated plan of compromise and arrangement (the "Plan") pursuant to the Companies' Creditors Arrangement Act was approved by 100% of the Secured Noteholders. Affected Unsecured Creditors, and WARN Act Plaintiffs that voted, in person or by proxy, on the Plan Resolution at each of their respective meetings held on January 21, 2015.


December 22, 2014

On December 22, 2014 the Applicants obtained an order from the Ontario Superior Court of Justice (Commercial List) extending the period of the Court-ordered stay of proceedings against the Applicants under the Companies' Creditors Arrangement Act until March 1, 2015.


December 3, 2014

On December 3, 2014 Cline Mining Corporation, New Elk Coal Company LLC, and North Central Energy Company (collectively the "Applicants") sought and obtained an Initial Order (the "Initial Order") under the Companies' Creditors Arrangement Act (the "CCAA"). The Applicants were granted a stay of proceedings and other relief provided under the CCAA.

Pursuant to the Initial Order, FTI Consulting Canada Inc. ("FTI" or the "Monitor") has been appointed Monitor.


December 3, 2014

Pursuant to an Order of the Ontario Superior Court of Justice made December 3, 2014, a claims procedure has been commenced for the purpose of identifying and determining all claims against the Applicants and the Directors and Officers of the Applicants that are to be affected in the Applicants' Plan of Compromise and Arrangement under the CCAA.

THE CLAIMS BAR DATE is 5:00 PM (Eastern Standard Time) on January 13, 2015. Proofs of Claim in respect of Prefiling Claims and Director/Officer Claims must be completed and filed with the Monitor on or before the Claims Bar Date.

THE RESTRUCTURING PERIOD CLAIMS BAR DATE is 5:00pm (Toronto Time) on the date that is seven (7) Calendar Days after termination, repudiation or resiliation of the agreement or other event giving rise to the Restructuring Period Claim. Proofs of Claim in respect of Restructuring Period Claims must be completed and filed with the Monitor on or before the Restructuring Period Claims Bar Date.

Claims Packages can be obtained in the "Claims Procedure" section of this website or by contacting the Monitor.


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
Wage Earner Protection Program
Cline Mining