Indiva Announces Commencement of Court-Approved Sale Process
July 08 2024 - 12:00PM
Business Wire
As previously disclosed, on June 13, 2024, Indiva Limited
(“Indiva”) (TSXV:NDVA) and its subsidiaries (collectively,
the “Indiva Group”) were granted creditor protection
pursuant to an order (as amended and restated, the “Initial
Order”) from the Ontario Superior Court of Justice (Commercial
List) (the “Court”) under the Companies’ Creditors
Arrangement Act (the “CCAA”). The Initial Order also
appointed PricewaterhouseCoopers Inc. as the monitor of the Indiva
Group (the “Monitor”), and approved debtor-in-possession
financing from Indiva’s senior secured lender, SNDL Inc.
(“SNDL”).
Pursuant to an Order granted on July 5, 2024 (the “Sale
Process Approval Order”), the Court has approved: (i) a sale
process (the “Sale Process”) to be conducted in respect of
the business and property of the Indiva Group by the Monitor, in
consultation with the Indiva Group; and (ii) an agreement of
purchase and sale between Indiva and certain of its subsidiaries
and SNDL to serve as the “stalking horse” pursuant to the Sale
Process (the “Stalking Horse Bid”). The consideration to be
provided pursuant to the Stalking Horse Bid will be the “floor”, or
minimum acceptable bid, for other bidders. If a bid is not received
in compliance with the Sale Process and with consideration value
better than what would be received under the Stalking Horse Bid,
the Stalking Horse Bid will be deemed to be the “Successful Bid”
pursuant to the Sale Process. If another bid offers superior terms
to the Stalking Horse Bid, the Sale Process provides that an
auction process will determine the “Successful Bid”.
Interested parties who wish to submit a bid in the Sale Process
must deliver a binding offer to the Monitor by no later than
August 26, 2024 at 5:00 pm (Eastern Time).
Copies of the Initial Order, the Sale Process Approval Order,
the Sale Process and all related materials are available on the
Monitor’s website at: https://www.pwc.com/ca/indiva.
About Indiva Limited
Indiva is proud to be Canada’s #1 producer of cannabis edibles.
Indiva sets the gold standard for quality and innovation with
award-winning products across a wide range of brands including
Pearls by Gr�n, No Future Gummies and Vapes, Bhang Chocolate,
Indiva Blips Tablets, Indiva Doppio Sandwich Cookies, and Indiva
1432 Chocolate. Indiva manufactures its top-quality products in its
state-of-the-art facility in London, Ontario, and has a corporate
workforce remotely distributed across Canada.
Forward-Looking Information and Statements
This news release contains “forward-looking information” within
the meaning of applicable securities laws. Any such forward-looking
statements may be identified by words such as “will”, “expects”,
“anticipates”, “intends”, “contemplates”, “believes”, “projects”,
“plans” and similar expressions. Readers are cautioned not to place
undue reliance on forward-looking statements. Forward-looking
statements in this release include statements regarding: Indiva’s
expectation that the business operations of the Indiva Group will
not be interrupted as a result of the CCAA proceedings or the Sales
Process; and Indiva’s intention to effect the Sales Process.
Forward-looking statements are necessarily based on a number of
estimates and assumptions that, while considered reasonable, are
subject to known and unknown risks, uncertainties and other factors
which may cause actual results and future events to differ
materially from those expressed or implied by such forward-looking
statements. Such factors include, but are not limited to:
litigation, legislative, environmental and other judicial,
regulatory, political and competitive developments; delay or
failure to receive creditor or regulatory approvals; the ability to
complete any future potential transactions in connection with the
Sales Process in CCAA proceedings, including the Stalking Horse
Bid; the application of federal, provincial and municipal laws; the
impact of increasing competition; those additional risks set out in
Indiva’s public documents filed on SEDAR+ at www.sedarplus.com.
Although Indiva believes that the assumptions and factors used in
preparing the forward-looking statements are reasonable, undue
reliance should not be placed on these statements, which only apply
as of the date of this news release, and no assurance can be given
that such events will occur in the disclosed time frames or at all.
Except where required by law, Indiva disclaims any intention or
obligation to update or revise any forward-looking statement,
whether as a result of new information, future events, or
otherwise.
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version on businesswire.com: https://www.businesswire.com/news/home/20240708567547/en/
MONITOR CONTACT PricewaterhouseCoopers Inc. Email:
ca_indiva@pwc.com
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