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Western Potash Corporation - Reports
The following reports have been filed in the proceedings:
Supplement to the First Report of the Monitor |
August 31, 2026 |
The purpose of this supplement to the First Report (this "Supplement") is to:
- respond to the Application Response and the Xue Affidavit;
- provide further information and context concerning certain statements in the Xue Affidavit; and
- provide further details in support of why the Monitor should conduct the SISP in the form currently sought by the Monitor and why the continuation of the Monitor's enhanced powers is necessary and appropriate in the circumstances.
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First Report of the Monitor |
August 27, 2026 |
The purpose of this first report of the Monitor (this "Report") is to provide the Court with information with respect to the following:
- the Monitor's activities since issuance of the Initial Order;
- an update on certain developments in the CCAA Proceedings since the date of the Initial Order;
- the relief sought by the Monitor on the motion scheduled for August 31, 2026 (the "Comeback Hearing"), including, among other things:
- the proposed Amended and Restated Initial Order (the "ARIO"), which, among other things:
- increases the borrowings permitted under the DIP Facility from US$1,000,000 to US$6,000,000, and a corresponding increase to the DIP Charge;
- extends the Stay Period up to and including December 18, 2026; and
- modifies the proposed beneficiaries of the Administration Charge to remove counsel for the Company and increases the size of the Administration Charge from $500,000 to $700,000; and
- the proposed order approving the proposed sale and investment solicitation process (the "SISP", with the order being the "SISP Order"); and
- the Monitor's recommendations in respect of the relief sought in the proposed ARIO and SISP Order.
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Pre-Filing Report of the Proposed Monitor |
August 20, 2026 |
The purpose of this pre-filing report of the Proposed Monitor (the "Pre-Filing Report") is to provide the Court with information pertaining to:
- FTI's qualifications to act as Monitor, if appointed;
- the activities of FTI and its counsel, Stikeman Elliott LLP ("Stikeman"), to date;
- consolidated cash flow projections of the Company's receipts and disbursements to 13-week period ending November 22, 2026 (the "Cash Flow Projection") and the reasonableness thereof, in accordance with section 23(1)(b) of the CCAA;
- key terms of the DIP Facility and a corresponding charge in respect thereof (the "DIP Charge");
- the proposed administration charge (the "Administration Charge");
- a discussion of the intended next steps in the CCAA Proceedings, including relief that the Proposed Monitor understands Appian intends to seek at a comeback hearing (the "Comeback Hearing") on August 31, 2026, if the Proposed Initial Order is granted; and
- FTI's views with respect to the proposed CCAA Proceedings and certain of the relief sought in the Proposed Initial Order.
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