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Whyte's Foods Inc. - Court Orders
 Distribution and Ancillary Relief Order |
March 27, 2024 |
An order: (i) authorizing and directing the Receiver to make one or more distributions to 9498-8995 Québec Inc. and 9498-8938 Québec Inc. (together, "Putters"); (ii) approving the Second Report of the Receiver dated March 20, 2024 (the "Second Report") and the Receiver's conduct and activities described therein; (iii) discharging FTI as the Receiver of the undertaking property and assets that constitute the FCC Secured Property of the Debtors and releasing FTI and its legal counsel, Bennett Jones LLP ("Bennett Jones") from any and all liability, as set out in paragraph 7 of this Order; (iv) approving the fees and disbursements of the Receiver through to March 17, 2024 and the Receiver's estimated fees and disbursements to the completion of these proceedings; and (v) approving the fees and disbursements of Bennett Jones through to February 29, 2024 and Bennett Jones' estimated fees and disbursements to the completion of these proceedings. |
| Approval and Vesting Order |
March 27, 2024 | An order approving the sale transaction (the "Transaction") contemplated by an agreement of purchase and sale dated February 15, 2024 (the "Sale Agreement") between the Receiver and Select Property Holdings (Ontario) Inc., as such Sale Agreement was subsequently assigned to 1000837498 Ontario Inc. (the "Purchaser") as assignee, pursuant to an Assignment and Assumption Agreement dated March 22, 2024 , and vesting in the Purchaser the Debtors' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets"). |
| Endorsement of Justice H. J. Wilton-Sigel |
March 27, 2024 | Endorsement of the Honourable Mr. Justice H.J. Wilton-Siegel regarding the Approval and Vesting Order and Distribution and Ancillary Relief Order granted on March 27, 2024. |
| Endorsement of Justice Steele |
November 6, 2023 | Endorsement of the Honourable Madame Justice Steele regarding the Approval and Vesting Order and Distribution and Ancillary Relief Order granted on November 6, 2023. |
| Distribution and Ancillary Relief Order |
November 6, 2023 |
An order: a) authorizing and directing the Receiver to make one or more distributions to Farm Credit Canada ("FCC"); b) approving the First Report of the Receiver dated October 30, 2023 (the "First Report") and the Receiver's conduct, activities and fees described therein; and c) amending the style of cause in these proceedings to correct the French-language spelling of "Les Ailments Whyte's Inc." to "Les Aliments Whyte's Inc.". |
| Approval and Vesting Order |
November 6, 2023 | An order approving the sale transaction (the "Transaction") contemplated by an asset purchase agreement (the "Sale Agreement") between the Receiver and THS Foods Canada, Ltd. (the "Purchaser") dated October 23, 2023 and appended to the First Report of the Receiver dated October 30, 2023 (the "First Report"), and vesting in the Purchaser the Debtors' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets"). |
| Proposal Trustee's Certificate |
October 12, 2023 |
The Proposal Trustee, Alvarez & Marsal Canada Inc. ("A&M"), certifies the following: 1. The purchasers have paid the Purchase Price for the Purchased Assets pursuant to the St. Louis Purchase Agreement. 2. The Vendor and the Purchasers have each delivered written notice to the Proposal Trustee that the conditions to Closing under the St. Louis Purchase Agreement have been satisfied and/or waived, as applicable. 3. The Transaction has been completed to the satisfaction of the Proposal Trustee. 4. This Certificate has been completed to the satisfaction of the Proposal Trustee. |
| Endorsement of Mr. Justice Cavanagh |
October 6, 2023 |
| This endorsement of the Honourable Justice Cavanagh was issued on October 6, 2023 regarding the Receivership Order granted. | |
| Order (Appointing Receiver) |
October 6, 2023 |
| An Order appointing FTI Consulting Canada Inc. ("FTI") as receiver and manager (in such capacities, the "Receiver") without security, of all of those assets that constitute the FCC Secured Property (as defined below) of Whyte's Foods Inc./Les Aliments Whyte's Inc. ("Whyte's"), Maison Gourmet Inc. ("Gourmet"), Triak Capital Inc./Capital Triak Inc. ("Triak"), and Mario Saroli Sales Inc. ("Saroli") (collectively, the "Debtors") acquired for, or used in relation to a business carried on by the Debtors | |
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