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Whyte's Foods Inc. - Reports
 Second Report of FTI Consulting Canada Inc., as Court Appointed Receiver |
March 20, 2024 |
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The purpose of this Second Report of the Receiver (the "Second Report") is to report to the Court on: (a) an update on the Receiver's activities since the approval of the First Report; (b) an update on progress made with regard to the disposal of the THS Purchased Assets; (c) information regarding the sale of certain assets located at the St. Therese Facility and St. Louis Facility; (d) the Receiver's views on the requested distribution of certain amounts relating to closing adjustments in connection with the St. Louis Transaction to 9498-8995 Québec Inc. and 9498-8938 Québec Inc. (together, "Putters"); (e) the Asset Purchase Agreement dated as of February 15, 2024, pursuant to which the Receiver intends to sell the Purchased Assets to Select Property Holdings (Ontario) Inc. ("Select", and such agreement the "Wallaceburg APA"), subject to the approval of the Court; (f) the Receiver's request for an approval and vesting order, substantially in the form attached as Tab 3 to the Receiver's motion record (the "AVO"); and (g) the Receiver's request for an order substantially in the form attached as Tab 5 to the Receiver’s motion record (the "Discharge and Ancillary Relief Order"). | |
| Receiver's Certificate |
November 8, 2023 |
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The Receiver certifies the following: 1. The Purchaser has paid and the Receiver has received the Purchase Price for the Purchased Assets payable on the Closing Date pursuant to the Sale Agreement; 2. The conditions to Closing as set out in article 7 of the Sale Agreement have been satisfied or waived by the Receiver and the Purchaser; 3. The Transaction has been completed to the satisfaction of the Receiver; and 4. This Certificate was delivered by the Receiver at 8:35 PM on November 8, 2023. | |
| First Report of FTI Consulting Canada Inc., as Court Appointed Receiver |
October 30, 2023 |
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The purpose of this First Report of the Receiver (the "First Report") is to report to the Court on: (a) an update on the Receiver's activities since the commencement of the FCC Receivership Proceedings; (b) the Receiver's views on the FCC Credit Facility and the security granted to FCC thereunder pursuant to the documents listed in Schedule 1 hereto (the "FCC Security"); (c) the Asset Purchase Agreement dated as of October 23, 2023, pursuant to which the Receiver intends to sell substantially all of the Non-Trade Personal Property to THS Foods Canada, LTD ("THS", and such agreement the "THS APA"), subject to the approval of the Court; (d) the Receiver's request for an approval and vesting order, substantially in the form attached as Tab 3 to the Receiver's motion record (the "AVO"); and (e) the Receiver's request for an order substantially in the form attached as Tab 5 to the Receiver's motion record (the "Distribution and Ancillary Relief Order") | |
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