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Red Lobster - Court Orders
 Endorsement of Justice Penny Order (Termination of CCAA Recognition Proceeding) |
November 5, 2024 |
The CCAA Termination Order, inter alia, provides the following relief: (a) approving the Information Officer's activities, as set out in the Pre-Filing Report dated May 27, 2024, First Report dated June 17, 2024, Second Report dated September 9, 2024 and Third Report; (b) approving the fees of the Information Officer and Fasken, as counsel to the Information Officer, as set out in the Third Report and the fee affidavits attached thereto; (c) ordering that upon e-filing by the Information Officer of an executed certificate (the "Information Officer's Termination Certificate") certifying that all matters to be attended to in connection with this CCAA proceeding have been completed, this CCAA proceeding shall be terminated without any other act or formality (the "CCAA Termination Time"); and (d) ordering that effective at the CCAA Termination Time, FTI shall be and is discharged as the Information Officer in this proceeding; provided that the Information Officer shall continue to have the benefit of all Orders made in this proceeding, including all approvals, protections and stays of proceedings in favour of the Information Officer. |
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Endorsement of Justice Cavanagh Third Supplemental Order (Foreign Main Proceeding) |
September 12, 2024 |
The Third Supplemental Order, among other things, recognizes the following orders entered by the US Court in the US Proceedings: (a) Order (I) Finally Approving Disclosure Statement for the Joint Chapter 11 Plan of Red Lobster Management LLC and Its Debtor Affiliates, and (II) Confirming the Joint Chapter 11 Plan of Red Lobster Management LLC and Its Debtor Affiliates (the "Confirmation Order"); (b) Order Granting Debtors' Emergency Motion for Approval of Form of Notice of Commencement and Proof of Claim ("Bar Date Order"); and (c) Order Granting Debtors' Motion for Entry of an Order (I) Approving Claims Objection Procedures and (II) Authorizing Additional Claim Objection Categories for Omnibus Claim Objections ("Claim Objection Order"). |
| Second Supplemental Order Endorsement of Justice Penny |
June 18, 2024 | The Second Supplemental Order, among other things, recognizes several of the Second Day Orders in the US Proceedings (the "Foreign Orders"). |
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Endorsement of Justice Penny Supplemental Order (Foreign Main Proceeding) |
May 28, 2024 |
The Initial Recognition Order, inter alia, provides the following relief: (a) Declaring that RL Management is a "foreign representative" as defined in section 45 of the CCAA (the "Foreign Representative"); (b) Declaring that the centre of main interests for each of the Debtors is the United States of America and recognized the US Proceedings as a "foreign main proceeding"; and (c) Providing a stay of proceedings with respect to the Debtors' business and property, including its officers and director. |
| Initial Recognition Order (Foreign Main Proceeding) |
May 28, 2024 |
The Supplemental Order, inter alia, provides the following relief: (a) Recognizing several of the First Day Orders in the US Proceedings (the "Foreign Orders"); (b) Appointing FTI Consulting Canada Inc. as an officer of this Court (the "Information Officer") (c) Granting a stay of proceedings against the Canadian Debtors; (d) Granting a charge (the "Administration Charge") on the Canadian Debtors' property in Canada for the benefit of the Canadian Debtors' Canadian Counsel, the Information Officer, and counsel to the Information Officer, for professional fees and disbursements incurred in respect of these proceedings; (e) Granting a charge (the "D&O Charge") on the Canadian Debtors' property in Canada as security for indemnity provided to directors and officers against obligations and liabilities that they may incur as directors and officers of the Canadian Debtors after the commencement of the proceedings, with certain exceptions. |
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Interim Stay Order (Foreign Proceeding) Endorsement of Justice Penny (Interim Stay Order) |
May 21, 2024 |
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