IN THE MATTER OF THE COMPANIES'
CREDITORS
ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
AND IN THE MATTER OF THE PLANS OF COMPROMISE OR ARRANGEMENT
OF:
IMPERIAL TOBACCO CANADA LIMITED
AND IMPERIAL TOBACCO COMPANY LIMITED
ROTHMANS, BENSON AND HEDGES
INC.
JTI-MACDONALD CORP.
NOTICE OF SANCTION HEARING
IMPORTANT NOTE: The
Court hearing for approval and sanction of the CCAA Plans will be
heard commencing on January 29, 2025 at 10:00 am Eastern time in a
hybrid format, in person and via Zoom video conference. The
Court-Appointed Mediator and the Monitors will make motions to the
Court approving and sanctioning the CCAA Plans and any ancillary
relief relating to such sanction.
|
TORONTO, Dec. 24,
2024 /CNW/ - PLEASE TAKE NOTICE that on
October 17, 2024, the Honourable
Warren K. Winkler, K.C., in his
capacity as the Court-appointed mediator (the "Court-Appointed
Mediator") in the CCAA Proceedings of Imperial Tobacco Canada
Limited and Imperial Tobacco Company Limited (collectively,
"Imperial"), Rothmans, Benson and Hedges Inc. ("RBH") and
JTI-Macdonald Corp. ("JTIM" and collectively with Imperial
and RBH, the "Tobacco Companies" or "Applicants") and
FTI Consulting Canada Inc. ("FTI"), Ernst & Young Inc.
("EY"), and Deloitte Restructuring Inc. ("Deloitte"),
in their respective capacities as Court-appointed monitors to
Imperial, RBH and JTIM (FTI, EY and Deloitte, collectively, the
"Monitors"), filed plans of compromise and arrangement in
respect of each of the Tobacco Companies as amended and restated as
of December 5, 2024 (the "CCAA
Plans") under the Companies' Creditors Arrangement Act
(Canada) (the
"CCAA").
PLEASE ALSO TAKE NOTICE that on October 31, 2024, the Court-Appointed Mediator
and the Monitors obtained the following orders from the Ontario
Superior Court of Justice (Commercial List) (the "CCAA
Court"):
- Claims procedure orders (the "Claims Procedure Orders")
which, inter alia, establish the procedure pursuant to
which Claimants, as well as any other purported creditors of the
Tobacco Companies can assert a Claim in order to obtain the right
to attend the meetings of Affected Creditors (the
"Meetings") and vote on the CCAA Plans; and
- Meeting orders that, inter alia, accept the filing
of the CCAA Plans, approve the meeting materials, and direct the
Monitors as to the conduct of the Meetings (the "Meeting
Orders").
PLEASE ALSO TAKE NOTICE that on December 23, 2024, the Court-Appointed Mediator
and the Monitors obtained orders (the "Sanction Protocol
Orders") which, inter alia, set a court hearing to
approve and sanction the CCAA Plans commencing on January 29, 2025 (the "Sanction
Hearing"). The CCAA Plans, Claims Procedure Orders,
Meeting Orders and Sanction Protocol Orders in respect of each
Tobacco Company are available for review on the Monitors' websites,
at the links referenced at the end of this Notice (the
"Monitors' Websites").
All capitalized terms used in this Notice that are not defined
herein have the meanings given to them in the CCAA Plans (available
on the Monitors' Websites).
(i) Key information
In accordance with the Sanction Protocol Orders, the Sanction
Hearing will be heard commencing on January
29, 2025 at 10:00 am Eastern
time in a hybrid format, in person and via Zoom video
conference.
At the Sanction Hearing, orders of the Court (the "Sanction
Orders") approving and sanctioning the CCAA Plans and granting
certain ancillary relief will be sought.
If a Putative Miscellaneous Claimant intends to object to
any Sanction Order, such Person must (i) deliver to the applicable
Monitor a Sanction Hearing Objection Notice in the form approved
and it must be received by the applicable Monitor by no later than
January 15, 2025 at 5:00 pm (Eastern time); and (ii) file with
the Court and serve upon the Common Service List the court
materials it intends to rely on by no later than January 20, 2025 at 5:00
p.m. (Eastern time).
Any Person, other than a Putative Miscellaneous Claimant
who intends to object to any Sanction Order must file with the
Court and serve upon the Common Service List the court materials it
intends to rely on by no later than January 20, 2025 at 5:00
p.m. (Eastern time).
(ii) Questions and Contact
Information
If you have any questions with respect to the foregoing, you may
contact the Monitors as follows:
- Imperial: Monitor: FTI Consulting Canada Inc.
-
Website: http://cfcanada.fticonsulting.com/imperialtobacco
- Phone Number: 1-844-707-7558
- Email Address: imperialtobacco@fticonsulting.com
- RBH: Monitor: Ernst & Young Inc.
- Website: www.ey.com/ca/rbh
- Phone Number: 1-866-943-2280
- Email Address: rbh@ca.ey.com
- JTIM: Monitor: Deloitte Restructuring Inc.
- Website: www.insolvencies.deloitte.ca/en-ca/JTIM
- Phone Number: 1-833-765-1452
- Email Address: jtim@deloitte.ca
FTI Consulting Canada Inc. in its capacity as Court-appointed
Monitor of Imperial Tobacco Canada Limited and Imperial Tobacco
Company Limited, and not in its personal capacity
Ernst & Young Inc., in its capacity as Court-appointed
Monitor of Rothmans, Benson & Hedges Inc. and not in its
personal capacity
Deloitte Restructuring Inc. in its capacity as
Court-appointed Monitor of JTI-Macdonald Corp. and not in its
personal capacity
SOURCE Imperial: Monitor: FTI Consulting Canada Inc., RBH:
Monitor: Ernst & Young Inc., and JTIM: Monitor: Deloitte
Restructuring Inc.