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GNC Holdings, Inc. et al - Motion Materials
The following motion materials have been filed in the proceedings:
 Affidavit (Third) of Michael Noel (affirmed October 29, 2020) |
October 29, 2020 |
This affidavit was filed in support of the motion returnable on October 30, 2020 seeking recognition of certain U.S. Orders and the termination of the CCAA recognition proceedings subject to filing of a certificate by the Information Officer.
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| Affidavit (Second) of Michael Noel (affirmed October 29, 2020) |
October 29, 2020 |
This affidavit was filed in support of the motion returnable on October 30, 2020 seeking recognition of certain U.S. Orders and the termination of the CCAA recognition proceedings subject to filing of a certificate by the Information Officer.
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| Factum of the Applicant (Motion for Recognition of Additional U.S. Orders and Termination of Proceedings, returnable October 30, 2020) |
October 29, 2020 |
This factum is filed in support of the Foreign Representative's motion for: i) an Order recognizing, and giving full force and effect in Canada to, the 41st Lease Rejection Order and the 46th Assumption Order; and ii) an Order providing, upon the filing of a certificate of the Information Officer, for the termination of the CCAA recognition proceedings with respect to the Applicant and the discharge and release of the Information Officer; and, iii) other ancillary relief.
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| Motion Record of the Information Officer (Approval of Fees and Activities, returnable October 30, 2020) |
October 27, 2020 |
This motion is for an Order: i) Approving the Fifth Report and Sixth Report of the Information Officer, and the activities of the Information Officer as described in the Fifth Report and Sixth Report; and ii) Approving the fees and disbursements of the Information Officer from October 5 to October 25, 2020, and its legal counsel from September 26, 2020 to October 25, 2020. |
| Applicant's Motion Record (Motion for Recognition of Additional U.S. Orders and Termination of Proceedings, returnable October 30, 2020) |
October 27, 2020 |
This motion record of the Applicant pertains to the Applicant's request for an Order: i) recognizing, and giving full force and effect in Canada to, the 46st Assumption Order and the 41st Rejection Order; and ii) terminating the Canadian recognition proceedings, discharging and releasing the Information Officer, and discharging and releasing the Administration Charge, upon the filing of a certificate by the Information Officer. |
| Revised Draft Recognition Order (Recognition of Confirmation Order and Additional U.S. Orders and Granting Related Relief in Foreign Main Proceeding)
Blackline of Draft Revised Recognition Order (Recognition of Confirmation Order and Additional U.S. Orders and Granting Related Relief in Foreign Main Proceeding) | October 14, 2020 |
This is the revised draft Order, with accompanying blackline to the previous draft version of the Order, with respect to the motion returnable on October 16, 2020 seeking recognition of the Plan Confirmation Order and certain additional Orders entered in the Chapter 11 Cases. |
| Affidavit of Michael Noel (affirmed October 14, 2020) |
October 14, 2020 |
This third affidavit was filed in support of the motion returnable October 16, 2020 seeking recognition of the Plan Confirmation Order and certain additional Orders entered in the Chapter 11 Cases. |
| Factum of the Applicant (Motion for Recognition of Confirmation Order and Additional U.S. Orders and Granting Related Relief, returnable October 16, 2020) |
October 14, 2020 |
This factum is filed in support of the Foreign Representative's motion for an Order recognizing and giving full force and effective in Canada to the Plan Confirmation Order and certain additional U.S. Orders as outlined in the Applicant's Motion Record returnable October 16, 2020. |
| Applicant's Motion Record (Motion for Recognition of Confirmation Order and additional U.S. Orders and related relief, returnable October 16, 2020) |
October 13, 2020 |
This motion record of the Applicant pertains to the Applicant's request for an Order recognizing, and giving full force and effect in Canada to, the Plan Confirmation Order and certain additional Orders entered in the Chapter 11 Cases, including the 34th and 35th Omnibus Assumption and Assignment Orders, the 36th, 37th, and 38th Lease Rejection Orders, the Global Settlement Order, and the Case Caption Order. |
| Affidavit of Michael Noel (in support of the motion of the Applicant returnable October 16, 2020) |
October 9, 2020 |
This affidavit was filed in support of the motion returnable October 16, 2020 seeking recognition of the Plan Confirmation Order and certain additional Orders entered in the Chapter 11 Cases. |
| Draft Recognition Order (with relief sought pertaining to the Notice of Motion dated October 9, 2020) |
October 9, 2020 |
This is the draft Order with respect to the Notice of Motion dated October 9, 2020 with motion returnable on October 16, 2020. |
| Notice of Motion (Motion for Recognition of Confirmation Order and Additional U.S. Orders, Returnable October 16, 2020) |
October 9, 2020 |
This motion is for an Order recognizing, and giving full force and effect in Canada to, the Plan Confirmation Order and certain additional Orders entered in the Chapter 11 Cases, including the 34th and 35th Omnibus Assumption and Assignment Orders, the 36th, 37th, and 38th Lease Rejection Orders, the Global Settlement Order, and the Case Caption Order. |
| Motion Record of the Information Officer |
October 9, 2020 |
This motion is for an Order: i) approving the Pre-Filing Report of the Proposed Information Officer, the First Report of the Information Officer, the Second Report of the Information Officer, the Third Report of the Information Officer, the Fourth Report of the Information Officer, and the activities of the Information Officer as described in its reports; ii) approving the fees and disbursements of the Information Officer for the period from June 30, 2020 to October 4, 2020 as set out in the affidavit of Nigel D. Meakin sworn October 9, 2020; and, iii) approving the fees and disbursements of Stikeman Elliott LLP as legal counsel to the Information Officer for the period from May 12, 2020 to September 25, 2020. |
| Affidavit of Michael Noel (affirmed September 29, 2020) |
September 29, 2020 |
This affidavit was filed in support of the relief requested returnable September 29, 2020 and includes copies of certain Orders granted in the Chapter 11 Cases including the 29th to 33rd Omnibus Orders authorizing the Debtors to Assume and Assign Certain Unexpired Leases. |
| Factum of the Applicant (Motion of Recognition of Additional U.S. Orders, returnable September 22, 2020) |
September 21, 2020 |
This factum is filed in support of the Foreign Representative's motion for an Order recognizing and giving full force and effective in Canada to certain Orders in the Chapter 11 Cases as outlined in the Applicant's Motion Record returnable September 22, 2020 below. |
| Affidavit of Michael Noel (affirmed September 21, 2020) |
September 21, 2020 |
This affidavit was filed in support of the relief to be requested at a future date regarding certain of the Lease Assumption Orders in the Chapter 11 Cases (including the 29th to 33rd). |
| Affidavit of Michael Noel (in support of Recognition Motion returnable September 22, 2020) |
September 18, 2020 |
This affidavit was filed in support of the motion returnable September 22, 2020 seeking recognition of U.S. Sale Order and other relief. |
| Applicant's Motion Record (Motion for Recognition of Additional U.S. Orders, returnable September 22, 2020) |
September 16, 2020 |
The motion is for an Order recognizing, and giving full force and effect in Canada to, certain of the Orders entered in the Chapter 11 Cases, including the U.S. Sale Order and the 13th Omnibus Lease Rejection Order. |
| Applicant's Supplementary Motion Record (Motion for Recognition of Certain U.S. Orders, returnable August 25, 2020) |
August 21, 2020 |
The Applicant's Supplementary Motion Record includes additional information in support of the motion returnable August 25, 2020, including additional Orders granted in the Chapter 11 Cases, including the Modified Bidding Procedures Order and Order Approving the Stalking Horse Agreement and Related Bid Protections, and other related materials. |
| Factum of the Applicant (Motion for Recognition of Certain U.S. Orders, returnable August 25, 2020) |
August 21, 2020 |
This factum is filed in support of the Foreign Representative's motion for an Order recognizing and giving full force and effective in Canada to certain Orders in the Chapter 11 Cases as outlined in the Notice of Motion below. |
| Notice of Motion ( Motion for Recognition of Certain U.S. Orders, Returnable August 25, 2020) |
August 18, 2020 |
The motion is for an Order recognizing, and giving full force and effect in Canada to, certain of the Orders entered in the Chapter 11 Cases, including the Disclosure Statement Order, 9th Omnibus Lease Rejection Order, Modified Bidding Procedures Order, and the Stalking Horse and Bid Protections Approval Order. |
| Notice of Motion ( Motion for Recognition of Certain U.S. Orders, Returnable August 25, 2020) |
July 23, 2020 |
This affidavit was filed in support of the motion returnable July 27, 2020 seeking recognition of certain Second Day Orders and other ancillary relief. |
| Factum of the Applicant (Motion for Recognition of Certain Second Day Orders, returnable July 27, 2020) |
July 22, 2020 |
This factum is filed in support of the Foreign Representative's motion for an Order recognizing and giving full force and effective in Canada to certain Second Day Orders and other ancillary relief as outlined in the Notice of Motion below. |
| Notice of Motion (Motion for Recognition of Certain Second Day Orders, returnable July 27, 2020) |
July 20, 2020 |
The motion is for an Order recognizing, and giving full force and effect in Canada to, certain of the Second Day Orders entered in the Chapter 11 Cases, including Bar Date Order, Bidding Procedures Order, First and Third Omnibus Lease Rejection Orders, Final DIP Order, Final Wages Order, Final Critical Vendors Order, and Final Cash Management Order. |
| Affidavit of Suzan Mitchell-Scott (Application for Recognition of Foreign Main Proceeding - Returnable June 29, 2020) |
June 26, 2020 |
This affidavit was filed in relation to the Application Record, and provides copies of the Orders granted in the Chapter 11 Cases.
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| Factum of the Applicant (Application for Recognition of Foreign Main Proceeding) |
June 24, 2020 |
This factum is filed in support of the application by GNC Holdings, Inc., ("GNC Holdings") as the proposed foreign representative (in such capacity, the "Foreign Representative") of itself and the other debtors in possession that recently filed voluntary petitions for relief pursuant to Chapter 11 of the U.S. Bankruptcy Code (collectively, the "Debtors" or "GNC"). |
| Application Record of GNC Holdings, Inc. |
June 24, 2020 |
This is the Application Records of GNC Holdings, Inc. for, inter alia: (a) The Interim Order; (b) Appointing the Applicant as the foreign representative; (c) Declaring that the centre of main interest is the United States of America and recognizing the Chapter 11 Cases as a "foreign main proceeding"; (d) Appointing FTI Canada as information officer; (e) Granting the Administration and DIP Lenders' Charges; and (f) Approving the Consulting Agreement. |
| Factum of GNC Holdings, Inc. |
June 24, 2020 |
This factum is filed in support of the application by GNC Holdings, Inc., ("GNC Holdings") as the proposed foreign representative (in such capacity, the "Foreign Representative") of itself and the other debtors in possession that recently filed voluntary petitions for relief pursuant to Chapter 11 of the U.S. Bankruptcy Code (collectively, the "Debtors" or "GNC"). |
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