Examples of Canadian Recognition Proceeding in a sentence
In addition, Mallinckrodt shall take such actions as may be reasonably necessary or appropriate in the Bankruptcy Proceedings (including, without limitation, assuming its obligations under this Agreement pursuant to the Approved Plan, the Canadian Recognition Proceeding, and the Scheme of Arrangement) to ensure Mallinckrodt will be able to comply with its obligations under this Agreement.
In compliance with section 1515(c) of the Bankruptcy Code, I hereby declare that, to my knowledge, the only foreign proceedings (as such term is defined in section 101(23) of the Bankruptcy Code) currently pending with respect to the Debtor are the English Proceeding and the Canadian Recognition Proceeding.
The purpose of the Canadian Recognition Proceeding is to request that the Canadian Court recognize these chapter 11 cases as a “foreign main proceeding” under the applicable provisions of the CCAA, enforce this Court’s orders in Canada to protect the Debtors’ assets and operations in Canada and help implement the Debtors’ restructuring, and seek certain other ancillary relief.
Accordingly, in order for Brooks Brothers to be recognized as the Foreign Representative in the Canadian Recognition Proceeding, and thereby apply to have these chapter 11 cases recognized by the Canadian Court, this Court must enter an order authorizing Brooks Brothers to act as the Foreign Representative in the Canadian Recognition Proceeding.
By this Motion, the Debtors request, pursuant to section 1505 of title 11 of the United States Code (the “ Bankruptcy Code”), that Brooks Brothers be authorized to act as Foreign Representative (as defined herein) on behalf of the Debtors’ estates in the Canadian Recognition Proceeding (as defined herein).
To ensure such assets are sold free and clear of any liens, claims, or liabilities, BB Canada has determined to commence a chapter 11 case, and to commence the Canadian Recognition Proceeding to ensure that these chapter 11 cases and the free and clear sale of BB Canada’s assets are recognized and respected in Canada.
Authorizing Brooks Brothers to act as the Foreign Representative on behalf of the Debtors’ estates in the Canadian Recognition Proceeding will provide an effective mechanism to protect and maximize the value of the Debtors’ assets and estates.
As soon as reasonably practicable, but in any event no later than four (4) Business Days following the entry of the Final DIP Order, the Canadian Borrower shall file a motion for the issuance, by the Canadian Court, of the Canadian Final DIP Recognition Order in the Canadian Recognition Proceeding (in form and substance reasonably acceptable to the DIP Lenders and the Requisite Creditors).
As a result of the above, Brooks Brothers (as the proposed Foreign Representative) will shortly file an application with the Canadian Court on behalf of the Debtors’ estates pursuant to the CCAA to commence the Canadian Recognition Proceeding.
Records needed to protect the legal and financial rights of the Government and of the individuals directly affected by its activities.