Examples of Amended and Restated Initial Order in a sentence
On November 22, 2019, the Honourable Peter Kalichman, J.S.C. issued an Initial Order herein (as rectified on November 25, 2019, amended and restated on December 2, 2019 and January 30, 2020, and corrected on March 20, 2020, the “ Corrected Second Amended and Restated Initial Order”),2 as appears from the Court record and from the copy of the Corrected Second Amended and Restated Initial Order communicated for convenience herewith as Exhibit R-2.
The Second Amended and Restated Initial Order was issued following the continuation of the Comeback Motion on April 25 and 26, 2019, a copy of which can be found here.
The Notice Protocol Endorsement was issued on March 6, 2020 and further amended the Second Amended and Restated Initial Order by adding paragraphs to govern the notice protocol for moving and responding parties in the CCAA Proceedings.
A copy of the Amended and Restated Initial Order is attached as Appendix “B”.
Pursuant to paragraph 67a) of the Corrected Second Amended and Restated Initial Order (Exhibit R-2), all motions in these CCAA Proceedings are to be brought on not less than five (5) calendar days’ notice to all Persons on the service list.
Paragraph 67c) of the Corrected Second Amended and Restated Initial Order (Exhibit R- 2), as amended on April 24, 2020, further provides that if no Notice of Objection is served by the Objection Deadline, the Judge having carriage of the motion may determine whether a hearing is necessary, whether such hearing will be in person, by telephone, by videoconference or in writing and the parties from whom submissions are required (collectively, the “ Hearing Details”).
Paragraph 67c) of the Corrected Second Amended and Restated Initial Order (Exhibit R-2), as amended on April 24, 2020, further provides that if no Notice of Objection is served by the Objection Deadline, the Judge having carriage of the motion may determine whether a hearing is necessary, whether such hearing will be in person, by telephone, by videoconference or in writing and the parties from whom submissions are required (collectively, the “ Hearing Details”).
The DIP facility was approved pursuant to the Amended and Restated Initial Order.
Pursuant to paragraph 67a) of the Corrected Second Amended and Restated Initial Order (ExhibitR-2), all motions in these CCAA Proceedings are to be brought on not less than five (5) calendar days’ notice to all Persons on the service list.
The Amended and Restated Initial Order provides for, inter alia, a priority DIP Lender’s Charge covering the full amount of the DIP facility at that time, being $1.4 million.