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Priszm - Motion Materials
The following motion materials have been filed in the proceedings:
 Priszm - Motion Record (Returnable September 14, 2011) |
September 14, 2011 |
| A Notice of Motion and draft order seeking to discharge the Monitor. | |
| Book of Authorities of the Applicants, Sep 12 2011 Factum of Authorities |
September 14, 2011 |
| Factum and Brief of Authorities of the Priszm Entities in connection with a motion returnable Wednesday, September 14, 2011 for orders, inter alia, (i) approving the FMI Agreements and vesting the purchased assets in FMI Atlantic Inc. and (ii) approving the 184 APA and vesting the 184 Purchased Assets in 1844440 Ontario Inc. | |
| PRU Application Record (returnable September 14 2011). |
September 14, 2011 |
| Application Record of The Prudential Insurance Company of America et al., which contains the Notice of Application for an Order appointing RSM Richter Inc. as receiver of the assets and property of the Priszm Entities. This matter will come on for scheduling on September 14, 2011. | |
| Motion Record Part I – Notice of Motion, Robertson Affidavit and Exhibit A-B Motion Record Part II – Exhibit C-E Motion Record Part III – Exhibit F-I Motion Record Part IV– Exhibit J-Tab 5 |
September 14, 2011 |
| Motion filed by the Priszm Entities seeking an Order to approve the FMI Agreements and vesting the purchased assets in FMI Atlantic Inc., selling restaurants in the Atlantic region and (ii) approving the 184 APA and vesting the 184 Purchased Assets in 1844440 Ontario Inc., selling the one remaining restaurant in Ontario. | |
| Motion Record - Part 1 (Tabs 1- 2c) Motion Record - Part 2 (Tab D) Motion Record - Part 3 (Tab E) Motion Record - Part 4 (Tab F) Motion Record - Part 5 (Tabs G-I) Motion Record - Part 6 (Tabs J-S) Motion Record - Part 7 (Tabs T-X) |
August 8, 2011 |
| Motion filed by Scott’s REIT et al. seeking an order declaring that certain of the sale proceeds arising from the sale transaction to Soul Restaurants Canada Inc. constitute Lease Considerations (as defined within the motion materials) amongst other things. | |
| Factum of the Applicants (motion returnable June 29 2011) |
June 29, 2011 |
| Factum of the Applicants | |
| Priszm Fund et al June 29 2011 Motion Record (Part 1) |
June 29, 2011 |
| Motion seeking an order from the court in regards to Extension of Stay Period, Approval of DIP Extension, Replacement of CRO, Approval of Monitor’s Reports, Authority to dispose of Redundant Assets and Approval of D&O Claims Solicitation Procedure | |
| Priszm Fund et al June 29 2011 Motion Record (Part 2).pdf |
June 29, 2011 |
| Motion seeking an order from the court in regards to Extension of Stay Period, Approval of DIP Extension, Replacement of CRO, Approval of Monitor’s Reports, Authority to dispose of Redundant Assets and Approval of D&O Claims Solicitation Procedure | |
| Responding Motion Record of Scott's REIT |
May 27, 2011 |
| Responding Motion of Scott’s Real Estate Investment Trust to the Motion of Priszm under 11.3 of the CCAA, returnable May 30, 2011 | |
| Draft Sale Approval Order |
May 26, 2011 |
| Sale Approval Order approving the Soul Agreement and Transaction and vesting the Purchased Assets in Soul Restaurants Canada Inc. | |
| Draft Order approving the Sales Process |
May 26, 2011 |
| Order approving the Sales Process and Canaccord Genuity Corp. Engagement Letter nunc pro tunc. | |
| Draft Order approving amendments to the Priszm Entities' KERP |
May 26, 2011 |
| Draft Order approving amendments to the Priszm Entities' key employee retention plans and authorizing the Priszm Entities to amend such plans. | |
| Factum of the Priszm Entities in respect of the Motion returnable May 30, 2011 |
May 26, 2011 |
| Factum of the Applicants in respect of the Motion Returnable May 30, 2011 regarding: Approval of the Soul Agreement, Approval of the Sales Process and Canaccord Genuity Engagement Letter, and Amendment of the KERPs. | |
| Book of Authorities of the Applicants in respect of the Motion returnable May 30, 2011 |
May 26, 2011 |
| Book of Authorities of the Applicants in respect of the Motion returnable May 30, 2011 regarding: Approval of the Soul Agreement, Approval of the Sales Process and Canaccord Genuity Engagement Letter, and Amendment of the KERPs. | |
| Factum in Support of 11.3 CCAA Assignment Motion |
May 26, 2011 |
| Factum in Support of 11.3 CCAA Assignment Motion | |
| Brief of Authorities relating to the 11.3 CCAA Assignment Motion, returnable May 30, 2011 |
May 26, 2011 |
| Brief of Authorities relating to the 11.3 CCAA Assignment Motion, returnable May 30, 2011 | |
| Assignment Motion |
May 24, 2011 |
| Motion Record of the Priszm Entities in connection with a Motion returnable May 30, 2011 for an order authorizing the assignment of all of the Outstanding Leases pursuant to the terms of the Soul Agreement. | |
| Responding Record of Soul |
May 24, 2011 |
| Affidavit of Aly Janmohamed, President of Soul Restaurants Canada Inc. to provide additional information in support of the Assignment Motion, returnable May 30, 2011, being brought forward by the Priszm Entities. | |
| Motion Record, returnable May 30, 2011 Part 1 |
May 24, 2011 |
| Motion Record of the Priszm Entities in connection with a motion returnable Monday, May 30, 2011 for orders (i) approving the Soul Agreement and Transaction and vesting the Purchased Assets in Soul Restaurants Canada Inc., (ii) approving the Sales Process and Canaccord Genuity Corp. Engagement Letter, and (iii) approving amendments to the Priszm Entities' key employee retention plans and authorizing the Priszm Entities to amend such plans. | |
| Motion Record, returnable May 30, 2011 Part 2 |
May 24, 2011 |
| Motion Record of the Priszm Entities in connection with a motion returnable Monday, May 30, 2011 for orders (i) approving the Soul Agreement and Transaction and vesting the Purchased Assets in Soul Restaurants Canada Inc., (ii) approving the Sales Process and Canaccord Genuity Corp. Engagement Letter, and (iii) approving amendments to the Priszm Entities' key employee retention plans and authorizing the Priszm Entities to amend such plans. | |
| Motion Record, returnable May 30, 2011 Part 3 |
May 24, 2011 |
| Motion Record of the Priszm Entities in connection with a motion returnable Monday, May 30, 2011 for orders (i) approving the Soul Agreement and Transaction and vesting the Purchased Assets in Soul Restaurants Canada Inc., (ii) approving the Sales Process and Canaccord Genuity Corp. Engagement Letter, and (iii) approving amendments to the Priszm Entities' key employee retention plans and authorizing the Priszm Entities to amend such plans. | |
| Factum of the Applicants, Returnable April 29, 2011 |
April 27, 2011 |
| Factum of the Applicants in connection with the motion record of the Priszm Entities in connection with a motion returnable April 29, 2011 for an order (i) extending the stay period until June 30, 2011, (ii) granting a charge in favour of the Franchisor, and (iii) amending the Priszm Entities' key employee retention plans. | |
| Book of Authorities of the Applicants, Returnable April 29, 2011 |
April 27, 2011 |
| Book of Authorities in connection with the motion record of the Priszm Entities in connection with a motion returnable April 29, 2011 for an order (i) extending the stay period until June 30, 2011, (ii) granting a charge in favour of the Franchisor, and (iii) amending the Priszm Entities' key employee retention plans. | |
| Motion Record re Motion returnable April 29, 2011 |
April 21, 2011 |
| Motion Record of the Priszm Entities in connection with a motion returnable April 29, 2011 for an order (i) extending the stay period until June 30, 2011, (ii) granting a charge in favour of the Franchisor, and (iii) amending the Priszm Entities' key employee retention plans. | |
| Notice of Application |
March 31, 2011 |
| Initial application under the CCAA. | |
| Consent to Act - Priszm |
March 31, 2011 |
| FTI Consulting Canada Inc.'s consent to act as Monitor in the Priszm Entities' CCAA proceedings. | |
| Application Record, March 31 2011 Volume I of III
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March 31,2011 |
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Tab 1: Notice of Application Tab 2: Affidavit of Deborah Papernick Exhibit A: Advertising Co-Operatives and percentage of gross revenue paid by Priszm LP Exhibit B: Master Franchise Agreement Exhibit C: Note Purchase Agreement (without exhibits, schedules, and annex) |
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| Application Record, March 31 2011 Volume II of III
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March 31,2011 |
| Exhibit D: Prudential Loan Agreements Exhibit E: Trust Indenture for the Subordinated Debentures Exhibit F: First Quarter 2010 Interim Financial Statements |
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| Application Record, March 31 2011 Volume III of III
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March 31,2011 |
| Exhibit G: Second Quarter 2010 Interim Financial Statements Exhibit H: Third Quarter 2010 Interim Financial Statements Exhibit I: 2010 Annual Audited Consolidated Financial Statements Exhibit J: January 2011 Forbearance Agreement Exhibit K: February 2011 Forbearance Agreement Exhibit L: March 2011 Forbearance Agreement Exhibit M: Franchisor February 2011 Extension Exhibit N: Priszm Fund Notice of Default to Debenture Trustee Exhibit O: List of Critical Suppliers and Proposed Payment Terms Exhibit P: DIP Amendment Exhibit Q: Cashflow Forecast Tab 3: Draft Initial Order |
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| Factum of the Applicants, March 31 2011
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March 31,2011 |
| Factum of the Applications seeking a stay of proceedings under the CCAA. | |
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