Examples of Canadian Debtor in a sentence
On the Effective Date, all net Intercompany Claims (taking into account any setoffs of Intercompany Claims) held by the Debtors between and among the Debtors, or between and among the Debtors and one or more of the non-Debtor Affiliates or the Canadian Debtor, shall be Allowed in the amount of $0.
When references are made in this Agreement to certain Sellers causing other Affiliate(s) to undertake (or to not undertake) certain actions, or agreements are being made on behalf of certain other Affiliates, “Sellers” for purposes of such clause shall be deemed to mean, respectively, NNI (in the case of a U.S. Debtor) and NNL (in the case of a Canadian Debtor) and Affiliates of any Sellers shall in no event include any EMEA Debtors or their respective Subsidiaries.
The Debtors’ and Canadian Debtor financial statements contained herein have been prepared in accordance with the guidance in ASC Topic 852-10.
Mr. Noell was carrying a large amount of gear in a pack through an enemy minefield.
Immediately following its engagement on May 16, 2019, the proposed Information Officer and its legal counsel supported the Canadian Debtor’s efforts to negotiate additional protections into the DIP ABL Facility and the Plan that would mitigate the potential implications of the DIP ABL Facility on the Canadian Debtor and its stakeholders.
Any claims asserted against both the Canadian Debtor and one of more of the U.S. Debtors shall be filed (i) with respect to the Canadian Debtor, in the Canadian Proceedings as set forth in, and in compliance with, the Canadian Bar Order and (ii) with respect to the U.S. Debtors, in the Chapter 11 Cases as set forth in, and in compliance with, the U.S. Bar Order.
It is for this reason that the proposed Information Officer and the Chapter 11 Debtors carefully considered the needs of the Canadian Debtor, the alternatives available to it and the commercial terms of the DIP ABL Facility.
In preparing this Report, the proposed Information Officer has relied upon unaudited financial information prepared by the Chapter 11 Debtors’ financial advisor, the Chapter 11 Debtors’ books and records, including those of the Canadian Debtor, and discussions with the Chapter 11 Debtors’ Canadian legal counsel and financial advisor.
The DIP ABL Facility, on the other hand, contemplates that the Canadian Debtor would be liable, on a joint and several basis, for the US Debtors’ obligations, which, given the “roll up” nature of the DIP structure upon the issuance of the Final DIP Order, would include the US Debtors’ prepetition obligations owing to the Prepetition ABL Lenders.
As detailed in Section 5 of this Report, any post- filing intercompany advances made by the Canadian Debtor to the US Debtors under the DIP ABL Facility will be made on a secured basis pursuant to a Court-ordered priority administrative expense claim granted in the Chapter 11 Proceedings, for which the Canadian Debtor seeks recognition in Canada.