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Just Energy Group - Motion Materials

The following motion materials have been filed in the proceedings:

 Factum of the Applicants (Claims Procedure, Stay Extension and Other Relief) September 10, 2021
This factum of the Applicants is filed in support of the Motion Record of the Applicants (Motion for Claims Procedure Order, Stay Extension and Other Relief) to be heard on September 15, 2021.

 
 Motion Record of the Applicants (Motion for Claims Procedure Order, Stay Extension and Other Relief) September 8, 2021
The Applicants will make a motion before the Honourable Justice Koehnen of the Ontario Superior Court of Justice (Commercial List) on September 15, 2021 at 2:30 p.m. in relation to the following: (all capitalized terms as defined below or in the Motion Record)

(1) The proposed Claims Procedure Order that includes, inter alia:
a. Approving a claims process for the identification, quantification, and resolution of certain Claims as against the Just Energy Entities and their respective directors and officers (the "Claims Process");
b. Authorizing the Just Energy Entities, the Monitor, the Claims Agent and the Claims Officer to perform their respective obligations under the Claims Procedure Order; and
c. Establishing the Claims Bar Date and the Restructuring Period Claims Bar Date.

(2) The proposed Stay Extension and Other Relief Order that includes, inter alia:
a. Modifying the Key Employee Retention Plan (the "KERP") approved in the Amended and Restated Initial Order, granted by the Court on March 19, 2021 ("ARIO") to permit the Just Energy Entities, in consultation with the Monitor, to reallocate certain funds under the KERP to remaining Key Employees or other employees of the Just Energy Entities;
b. Authorizing the Just Energy Entities to enter into blocked account control agreements ("BACAs"), pursuant to the intercreditor agreement as amended and the DIP Term Sheet, with respect to new bank accounts opened in the ordinary course of business as part of the Just Energy Entities' Cash Management System, subject to the terms of the DIP Term Sheet, and the Second Amended and Restated Initial Order, granted by the Court on May 26, 2021;
c. Extending the Stay Period to December 17, 2021; and
d. Approving the activities and conduct of the Monitor, the Third Report of the Monitor, and the fees and disbursements of the Monitor and its Canadian and U.S. legal counsel.

(3) Such further and other relief as this Honourable Court may deem just.

 
 Factum of the Applicants (Stay Extension Hearing) May 21, 2021
This factum of the Applicants is filed in support of the Second Supplementary Motion to be heard on May 26, 2021 at 8:30 AM for the Second Amended & Restated Initial Order, and other Relief.

 
 Motion Records of the Applicants (re: Stay extension, second amended and restated initial order, and other relief) May 19, 2021
The Second Supplementary Motion Record is filed in support of relief requested in the Second Amended and Restated Initial Order scheduled to be heard on May 26, 2021.

 
 Supplementary Motion Record of the Applicants March 19, 2021
The Supplementary Motion Record is filed in support of the relief requested in the Amended & Restated Initial Order scheduled to be heard on March 19, 2021.

 
 Factum of the Applicants (Comeback Hearing) March 18, 2021
This factum of the Applicants is filed in support of the motion to be heard on March 19, 2021 at 10:00 AM for the Amended & Restated Initial Order.

 
 Motion Record of the Just Energy Group, Re: Motion for Amended and Restated Initial Order March 17, 2021
The Applicants will make a motion before the Honourable Justice Koehnen of the Ontario Superior Court of Justice (Commercial List) on March 19, 2021 at 10:00 AM for an Amended & Restated Initial Order that includes, inter alia:
a) Increasing the Administration Charge to $3 million, the FA Charge to $8.6 million, and the Directors' Charge to $44.1 million;
b) Approving the proposed key employee retention plan and granting a Court-ordered charge as security for payments under the retention plan;
c) Authorizing the Applicants to, with the consent of the Monitor, provide cash collateral to third parties and to grant security interests in favour of the collateral recipients;
d) Authorizing the payment of certain bonuses pertaining to the quarter ended December 31, 2020; and
e) Extending the Stay Period until and including June 4, 2021.

 
 Just Energy Group CCAA Initial Order Factum March 9, 2021
This factum is filed in support of an application by Just Energy Group for an Initial Order and other relief under the CCAA, wherein the Applicants seek a stay of proceedings for the permitted initial ten-day period under section 11.02 of the CCAA, together with the related relief necessary to preserve the Applicants' business during the initial stay period.

 
 Application Record of Just Energy Group March 9, 2021
The Applicants make this application for:
a) Abridging the time for service of this notice of application and dispensing with service on any person other than those served;
b) Declaring that the Applicants are parties to which the CCAA applies;
c) Declaring that the Just Energy LPs shall enjoy the benefits of the protections and authorizations provided to the Applicants under the Initial Order;
d) Appointing FTI Consulting Canada Inc. ("FTI") as an officer of this Honourable Court to monitor the business and financial affairs of the Applicants (in such capacity, the "Monitor");
e) Staying all proceedings taken or that might be taken in respect of the Just Energy Entities, their directors or officers, the Monitor, or their respective employees and representatives acting in such capacities until and including March 19, 2021 (the "Stay Period"), subject to further Order of the Court;
f) Staying and suspending all rights and remedies of provincial energy regulators and provincial regulators of consumer sales that have authority with respect to energy sales ("Provincial Regulators") against or in respect of the Just Energy Entities, or their respective employees and representatives acting in such capacities, or affecting their business or property, except with the written consent of the Just Energy Entities, the Monitor and on notice to the Service List, or leave of this Court;
g) Authorizing the Just Energy Entities to use the Cash Management System, and directing that no Cash Management Bank, without leave of the Court, (i) exercise any sweep remedy under any applicable documentation; or (ii) exercise or claim any right of set-off against any account included in the Cash Management System;
h) Approving Just Energy Group Inc.'s ("Just Energy", and, together with its subsidiaries, the "Just Energy Group") engagement of BMO Nesbitt Burns Inc.("BMO") as the Just Energy Group's financial advisor;
i) Authorizing the payment of, among other things, all outstanding and future wages, salaries, commissions, employee benefits, contributions in respect of retirement or other benefit arrangements, vacation pay and expenses payable on or after the date of the Initial Order, in each case incurred in the ordinary course of business and consistent with existing compensation policies and arrangements;
j) Authorizing the Applicants to obtain and borrow under a debtor-in-possession credit facility to finance their working capital requirements.

 

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