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Global Food and Ingredients Inc. - Motion Materials
 Factum of the Receiver (Motion for Sale Approval and Vesting Order and Ancillary Relief, returnable February 4, 2025) |
February 3, 2025 |
| This is a motion to seek approval of the sale of the remaining real property interest (and related equipment) included in the FCC Secured Property1 subject to this receivership: the Vigro Lands and related Books and Records and Equipment (also known as the "Vigro Purchased Assets") (the "Third Approval and Vesting Order"), and certain other ancillary relief (the "Ancillary Relief Order"). | |
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Ancillary Relief Order (Revised) Ancillary Relief Order (Redline) |
January 31, 2025 |
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The distribution matter in connection with the Receiver's motion on February 4, 2025 is adjourned at this time. The draft Order has been updated to reflect this change and replaces the draft Order at Tab 4 of the Receiver's Third Report. | |
| Motion Record (Motion for Sale Approval and Vesting Orders and Distribution returnable February 4, 2025) |
January 27, 2025 |
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This motion is for: 1. An order (the "Third Approval and Vesting Order"), that, inter alia, approves a sale transaction for the Vigro Lands to Foodlife Group Inc. (the "Vigro Purchaser"), as set out and described in the Asset Purchase Agreement dated as of December 2, 2024, (the "Vigro Purchase Agreement") between the Receiver, as vendor, and the Vigro Purchaser, as purchaser; and 2. An order (the "Distribution Order"), that, inter alia, approves a distribution by the Receiver to Farm Credit Canada ("FCC") up to the total of $6,525,000 (plus accrued interest, if any) to FCC at this time, subject to costs incurred and any further reserves that the Receiver considers appropriate or desirable. | |
| Motion Record (Motion for Sale Approval and Vesting Orders and Ancillary Relief, returnable November 12, 2024) Factum of the Receiver (Motion for Sale Approval and Vesting Orders and Ancillary Relief, returnable November 12, 2024) |
November 5, 2024 |
| This motion is for: 1. An order (the "First Approval and Vesting Order"), that, inter alia, approves a sale transaction for the Zealandia Lands to Harvest Grain Zealandia Ltd. (the "Zealandia Purchaser"), as set out and described in the Asset Purchase Agreement dated November 4, 2024, (the "Zealandia Purchase Agreement") between the Receiver, as vendor, and the Zealandia Purchaser, as purchaser; 2. An order (the "Second Approval and Vesting Order"), that, inter alia, approves a sale transaction for the Lajord Lands (as defined below) to C2 Farms (the "Lajord Purchaser"), as set out and described in the Asset Purchase Agreement dated November 4, 2024 (the "Lajord Purchase Agreement") between the Receiver, as vendor, and the Lajord Purchaser, as purchaser; and 3. An order (the "Ancillary Relief Order"), that, inter alia, approves the Second Report and the conduct and activities of the Receiver described herein. | |
| Factum of the Receiver (Motion for Approval of SISP and Key Consultant Retention Plan, returnable August 19, 2024) |
August 15, 2024 |
| On this motion, the Receiver seeks approval of a Sale and Investment Solicitation Process ("SISP"), developed in consultation with the Sale Agent, and a Key Consultant Retention Plan ("KCRP") and related court charge (the "KCRP Charge"). | |
| Motion Record (Approval of SISP and Key Consultant Retention Plan, returnable August 19, 2024) |
August 13, 2024 |
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This motion is for an order, among other things: a) approving the Sale and Investor Solicitation Processes (the "SISP") and authorizing and directing the Receiver and the Sale Agent to perform their respective obligations thereunder without liability, except to the extent it is the result of their gross negligence or wilful misconduct; b) approving the Key Consultant Retention Plans (collectively, the "KCRP") described in the First Report of the Receiver, dated August 13, 2024 (the "First Report"), and authorizing the Receiver, nunc pro tunc, to enter into the KCRP; c) granting the three Key Consultants the benefit of a fixed and specific charge on the FCC Secured Property, not exceeding an aggregate amount of $53,450 (the "KCRP Charge"), as security for amounts payable to the Key Consultants pursuant to the KCRP, subordinate in priority to the Receiver's Charge and the Receiver's Borrowings Charge; d) sealing Confidential Schedule 1 attached to the First Report containing the names and specific Consulting Fees of the three Key Consultants; e) approving the First Report; and f) granting such further and other relief as counsel may request and this Honourable Court may deem just. | |
| Affidavit of Kristy Delure |
May 23, 2024 |
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Application Record Applicant's Factum (Receivership Appointment) |
May 17, 2024 |
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The applicant, Farm Credit Canada ("FCC"), makes an Application for: (a) An Order substantially in the form of Order attached as Tab 3 of the Application Record; and (b) Such further and other relief as may be just and equitable. | |
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