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FirstOnSite Restoration G.P. - Motion Materials
The following motion materials have been filed in the proceedings:
 Motion Record re Discharge and Termination |
January 17, 2017 |
Motion Record of 2123125 Ontario Inc. (formerly known as FirstOnSite G.P. Inc.) in respect of a motion seeking an order, among other things: (a) approving a final distribution of funds held by the Monitor (b) providing for the termination of these proceedings effective as of the earlier of (a) the filing of a certificate of the Monitor certifying that, to the knowledge of the Monitor, all matters to be attended to in connection with the CCAA Proceedings have been completed, or (b) the assignment into bankruptcy of the Applicant and Former LP by the CRO (the "CCAA Termination Date"); (c) providing for the discharge and release of the Monitor and the Chief Restructuring Officer effective as of the CCAA Termination Date; (d) extending the stay of proceedings until the CCAA Termination Date; and (e) approving the fees and disbursements of the Monitor and Monitor's counsel |
| Factum of the Applicant re Claims Bar and Stay Extension |
October 26, 2016 |
| Motion - Claims Bar and Stay Extension |
October 21, 2016 |
Notice of Motion of 2123101 Ontario Inc. (formerly known as FirstOnSite G.P. Inc.) in respect of a motion seeking an order, among other things: (a) Setting a claims bar date in respect of Eligible Claims (as defined therein); (b) Approving the Fourth Report of the Monitor, to be filed, and the activities of the Monitor as set out therein; and (c) Extending the stay of proceedings in this matter to January 27, 2017 |
| Factum of the Applicant - CRO Appointment and Stay Extension |
June 24, 2016 |
| Affidavit of Kevin McElcheran - CRO Appointment and Stay Extension |
June 24, 2016 |
| Amended Motion - CRO Appointment and Stay Extension |
June 22, 2016 |
Motion Record of the Applicant containing an Amended Notice of Motion, the affidavit of Kevin McElcheran sworn June 22, 2016 and draft forms of order in respect of the relief sought |
| Motion - CRO Appointment and Stay Extension |
June 21, 2016 |
Notice of Motion of 2123101 Ontario Inc. (formerly known as FirstOnSite G.P. Inc.) in respect of a motion seeking orders, among other things: (a) Appointing Oriole Advisory Ltd as chief restructuring officer of 2123101 Ontario Inc. and Former Restoration L.P. (formerly known as FirstOnSite Restoration L.P.); (b) Approving the Pre-filing report of the Proposed Monitor dated April 21, 2016, the First Report of FTI Consulting Canada Inc. in its capacity as Court-appointed monitor (the "Monitor") dated April 27, 2016, the Second Report of the Monitor dated May 4, 2016, the Supplemental Report to the Second Report of the Monitor dated May 16, 2016 and the Third Report of the Monitor, to be filed, and the activities of the Monitor as set out therein; (c) Approving the fees and disbursements of the Monitor and its counsel; and (d) Extending the stay of proceedings in this matter to October 30, 2016. |
| Motion - Amended and Restated Initial Order |
June 1, 2016 |
Motion by FirstOnSite for amendments to the Order issued by the Court on May 9, 2016 (the “Approval and Vesting Order”) with respect to the following: i) a Transition Agreement with the Purchaser, ii) Quebec Contracts will not vest free and clear until certain conditions have been met and iii) granting a first ranking charge in favor of the Purchaser on the Quebec Contracts
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| Supplemental motion records of FirstOnSite GP in connection with the motion by 3297167 Nova Scotia Limited for an order for directions under the APA with respect to Cure Costs Affidavit of Brian Pukier Factum of FirstOnSite GP |
May 25, 2016 |
| Additional materials provided by the Purchaser with respect to its Motion for an order for directions under the APA with respect to Cure Costs Brief of Authorities of Applicant Factum of the Moving Party - May 2016 Affidavit of Matthew Bernardo |
May 25, 2016 |
| FirstOnSite's Responding Motion - Cure Costs |
May 25, 2016 |
FirstOnSite's response to the motion record of the Applicant in connection with 3297167 Nova Scotia Limited's motion for inter alia, an order for directions under the Asset Purchase Agreement ("APA") dated April 20, 2016 as between the Purchaser and FirstOnSite G.P. Inc. and FirstOnSite Restoration L.P. with respect to the appropriate quantum of "Cure Costs" within the meaning of the APA
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| Purchaser's Motion Record - Cure Costs |
May 25, 2016 |
Motion for an order for directions under the APA with respect to Cure Costs
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| Affidavit of H. Murray Re: Assignment of Contracts Motion |
May 18, 2016 |
Affidavit of H. Murray with respect to FirstOnSite's Motion for the Assignment of Agreements et. al
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| FirstOnSite Factum |
May 17, 2016 |
Factum of FirstOnSite with respect to its Motion for the Assignment of Agreements et. al.
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| Second Supplemental Motion Record - Assignment of Contracts |
May 13, 2016 |
Motion for an order assigning FirstOnSite's rights and obligations to the Purchaser as required under the Asset Purchase Agreement.
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| Purchaser's Motion Record - Re: FirstOnSite's Assignment of Contracts Motion |
May 12, 2016 |
Affidavit of Jeff Johnson and other materials provided by the Purchaser with respect to the FirstOnSite's Motion for an order assigning FirstOnSite's rights and obligations to the Purchaser as required under the Asset Purchase Agreement.
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| Revised Approval and Vesting Order |
May 6, 2016 |
Revised version of the Approval and Vesting Order to the one in Tab 4 of the April 28th, 2016 Motion Record - Sale Approval, Vesting and Assignment Orders et. al.
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| Supplemental Motion Record - Approval of Sale Transaction |
May 6, 2016 |
Supplemental Motion Record of the Applicant in connection with FirstOnSite's application for an extension of the stay period granted in the Initial Order of Justice Newbold dated April 21, 2016 to May 31, 2016.
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| Factum of the Applicant - Motion for Sale Approval and Vesting Order |
May 6, 2016 |
Factum of the Applicant in connection with FirstOnSite's motion for, inter alia, approval of the Agreement of Purchaser and Sale ("APA") made and entered into on April 20, 2016. |
| FirstOnSite - Factum of the Applicant - Comeback Motion al. |
April 29, 2016 |
FirstOnSite Factum in respect of the motion for the amendment of the Initial Order to have the CCAA Charges created therein rank ahead of other Encumbrances against the CCAA Parties Property |
| Motion Record - Sale Approval, Vesting and Assignment Orders et. al. |
April 28, 2016 |
Notification of Motion for the following: (a) an order approving the Agreement of Purchase and Sale ("APA") made and entered into between FirstOnSite LP by its general partner, FirstOnSite GP (in such capacity, the "Vendor") and 3297167 Nova Scotia Limited (in such capacity, the "Purchaser") for the sale of the Purchased Assets and vesting the Purchased Assets in the Purchaser free and clear of all Encumbrances other than Permitted Encumbrances (as term is defined in the APA); (b) an order assigning the rights and obligations of the Vendor under certain agreements to the Purchaser; (c) an order extending the stay of proceedings granted pursuant to the extending the stay of proceedings set out at paragraph 15 of the order of Justice Newbould dated April21, 2016 (the "Initial Order") to June 10, 2016; and (d) an order authorizing certain distribution from the net sale proceeds of the sale transaction contemplated by the APA. |
| Motion Record - Amended Initial Order |
April 22, 2016 | Motion to seek an amendment of the Initial Order to have the CCAA Charges created therein rank ahead of other Encumbrances against the CCAA Parties Property. |
| FirstOnSite Factum |
April 21, 2016 | FirstOnSite Factum in respect of a Motion for the Issuance of an Initial Order |
| FirstOnSite Application Record |
April 21, 2016 | FirstOnSite Application Record in respect of a Motion for the Issuance of an Initial Order |
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