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Priszm - Reports
The following reports have been filed in the proceedings:
 Monitor's Certificate (re Sale to FMI Atlantic Inc. #1)Monitor's Certificate (re Sale to FMI Atlantic Inc. #2) Monitor's Certificate (re Sale to 1844440 Ontario Inc.) |
September 22, 2011 |
| Monitor’s certificates in connection with the sale transactions with FMI Atlantic Inc. and 1844440 Ontario Inc | |
| Receiver's Certificate |
September 22, 2011 |
| Receiver’s certificate certifying that the Monitor’s certificates in connection with the sale transactions with FMI Atlantic Inc. have been filed with the Ontario Superior Court of Justice (Commercial List). | |
| Monitor's Fourth Report - FMI Transactions |
September 14, 2011 |
| (a) The receipts and disbursements of the Priszm Entities for the period
June 20 to September 2, 2011; (b) Turnover of Priszm Entities staff and the status of KERP payments; (c) The closing of a number of transactions for sundry assets in accordance with the provisions of the June 29 Order; (d) The status of post-closing matters in respect of the Soul Transaction; (e) The status of the Sales Process; (f) The status of the D&O Claims Solicitation Procedure; (g) The Priszm Entities’ request for: (i) approval of the FMI APAs; (ii) authorization to make certain payments to the Franchisor from the proceeds of the transactions; and (iii) the Monitor’s recommendation on the foregoing; (h) The Priszm Entities’ request for approval of the FMI Occupation Agreement, and the Monitor’s recommendation thereon; (i) The Priszm Entities’ request for approval of the sale of the assets located at 2032 Kipling Avenue, Etobicoke, Ontario; and (j) The motion to be filed by Prudential for the appointment of a receiver (the “Receivership Motion”) pursuant to section 243 of the Bankruptcy and Insolvency Act R.S.C. 1985, c. B-3, as amended (the “BIA”) and the Monitor’s recommendations with respect to certain transition issues in the event that the Court grants the Receivership Motion. |
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| Third Report of the Monitor June 24 2011 |
June 24, 2011 |
| - The receipts and disbursements of the Priszm Entities for the period May 23 to June 19, 2011; - The Priszm Entities’ revised and extended cash flow forecast for the period June 20 to September 30, 2011; - The independent opinion on the validity of the security held by Computershare Trust Company of Canada as agent for Prudential Investment Management Inc. et al.; - The status of lease assignment consents related to the Soul Transaction; - The status of the marketing process; - The resignation of the CFO of the Priszm Entities, as well as the Priszm Entities’ request for approval of certain amendments to the CRO Agreement and for the appointment of a replacement Chief Restructuring Officer, together with the Monitor’s recommendation thereon; - The Priszm Entities’ request for approval of an extension to the interim financing provided by the DIP Amendment and the Monitor’s recommendation thereon; - The Priszm Entities request for an Order approving a procedure for submission of claims, if any, against the current and former directors and officers of the Priszm Entities, 2279549 Ontario Inc. in its capacity as Chief Restructuring Officer of the Priszm Entities and Ms. Papernick; - The Priszm Entities’ request for an extension of the Stay Period to September 30, 2011, and the Monitor’s recommendation thereon. |
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| Priszm - Monitor's Certificate |
June 1, 2011 |
| Monitor’s certificate regarding the Soul Agreement. | |
| Second Report of the Monitor |
May 27, 2011 |
| The purpose of this report is to inform the Court of the following: (a) The notice of motion filed by Olymel Société en Commandite; (b) The expiry of the DIP Amendment; (c) The receipts and disbursements of the Priszm Entities for the period April 18 to May 22, 2011; (d) The Priszm Entities’ revised cash flow forecast; (e) The Priszm Entities’ request for approval of the sale of 204 store locations to Soul Restaurants Canada Inc.; (f) The Priszm Entities request for approval of the Occupation Agreement and the Transition Services Agreement; (g) The Priszm Entities request for an Order assigning certain leases to Soul in connection with the Soul Transaction; (h) The Priszm Entities’ request for approval of a marketing process for the business and assets of the Priszm Entities in respect of those locations that are not located in Ontario or British Columbia and are not subject to the Soul Transaction; (i) The Priszm Entities’ request for approval, nunc pro tunc, of the engagement of Canaccord Genuity Corporation; and (j) The Priszm Entities’ request for authority to reallocate certain amounts forfeited on the resignation of participants of the key employee retention plans. | |
| First Report of the Monitor |
April 26, 2011 |
| The purpose of this report is to inform the Court of the following: (a) the activities since the commencement of the proceedings; (b) the status of the Soul Transaction; (c) the receipts and disbursements of the Priszm Entities; (d) revised cash flow forecast; (e) revision of the maximum amount of the Critical Supplier Charge; (f) minor amendments to the key employee retention plan; (g) request for granting of the Franchisor Charge; and (h) request for extension of the Stay Period. | |
| Proposed Monitor's Pre-Filing Report |
March 31, 2011 |
| The purpose of this report is to inform the court of (a) the state of the business and insolvency of the Priszm Entities; (b) the independent opinion of the validity and enforceability of the security held by the Security Agent; (c) the proposed sale of 231 stores; (d) the Priszm Entities weekly cash flow forecast to July 1, 2011; (e) the DIP facility; (f) the request for approval of Critical Suppliers in the Initial Order and the Critical Supplier Charge; (g) the request for the appointment of the CRO; (h) the request for the D&O Charge; and (i) the request for the Administrative Charge. | |
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