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Allarco Entertainment 2008 Inc. and Allarco Entertainment Limited Partnership
CCAA
Page last updated: April 5, 2018
This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.
NOTICE TO CLAIMANTS AND OTHERS IN RESPECT OF CLAIMS
IN THE MATTER OF THE CCAA PROCEEDINGS OF ALLARCO ENTERTAINMENT 2008 INC. and ALLARCO ENTERTAINMENT LIMITED PARTNERSHIP (the "Applicant").
PLEASE TAKE NOTICE that this Notice to Claimants is being published pursuant to an order of the Honourable Mr. Justice S. D. Hillier of the Court of Queen's Bench of Alberta, Judicial Centre of Edmonton, dated January 24, 2017 the "Claims Procedure Order"). All capitalized terms not otherwise defined in this Newspaper Notice to Claimants shall have the meaning set forth in the Claims Procedure Order, which is posted on the website of the Monitor at www.pwc.com/ca/allarco (the "Monitor's Website").
A Claims Package will be delivered to all Known Claimants and 2016 Disclaimer Claimants, and such Claims Package will set out the classification and value of such Known Claimant's Claim or value of its 2016 Disclaimer Claim as determined by the Applicant, in consultation with the Monitor.
If you are a Known Claimant and have received a Claims Package, and you do not dispute the classification or value of your Claim as set forth in the Claims Package, no further action is required.
Any other Person who believes he, she, or it has a Claim (other than an Excluded Claim or a 2017 Disclaimer Claim) against the Applicant, or the Applicant's Directors or Officers, shall submit a Proof of Claim form (which may be found on the Monitor's Website) to evidence such a Claim. Please note that any Claim relating to goods and services provided on or after the Filing Date is an Excluded Claim, other than amounts accruing after the date of issuance of any notice of disclaimer of any agreement between the Applicant and any Person.
Proof of Claim forms can also be obtained by contacting the Monitor at the address below, and providing particulars as to your name, address, facsimile number and e-mail address. Once the Monitor has this information, you will receive, as soon as practicable, a Proof of Claim form.
All Persons wishing to assert Claims, and all Known Claimants wishing to dispute the amount or ranking of their Claims and all 2016 Disclaimer Claimants, must submit their Proof of Claim forms by submitting them to the Applicant, care of the Monitor, no later than 5:00 P.M. (Edmonton Time) on March 17, 2017 (the "Claims Bar Date") by registered mail, personal delivery e-mail (in PDF format), courier or facsimile transmission, and all such Proof of Claim form must be actually received by the Monitor before the Claims Bar Date, at the following address:
PricewaterhouseCoopers Inc., Monitor
Allarco Entertainment 2008 Inc. and Allarco Entertainment Limited Partnership
Suite 1501, 10088 – 102 Avenue
Edmonton, Alberta T5J 3N5
Attention: Sean Fleming
Phone: (780) 441-6738
Email: sean.e.fleming@ca.pwc.com
CLAIMS WHICH ARE NOT RECEIVED BY THE MONITOR BY THE CLAIMS BAR DATE WILL BE BARRED AND EXTINGUISHED FOREVER.
KNOWN CLAIMANTS WHO DO NOT DISPUTE THE AMOUNT OF THEIR CLAIMS BY THE CLAIMS BAR DATE WILL BE DEEMED TO HAVE ACCEPTED THE CLASSIFICATION AND AMOUNTS SET FORTH IN THE CLAIMS PACKAGE.
2016 DISCLAIMER CLAIMANTS WHO DO NOT COMPLETE AND RETURN A PROOF OF 2016 DISCLAIMER CLAIM BY THE CLAIMS BAR DATE, WILL HAVE THEIR 2016 DISCLAIMER CLAIMS DISALLOWED.
The publication of this Notice to Claimant, the solicitation of Proofs of Claim by the Monitor or the Applicant, and/or the sending of a Proof of Claim by a Claimant to the Monitor, does not grant any Claimant or any Person, standing in the CCAA Proceeding, or any rights under any Plan filed in respect of the Applicant, or its Directors or Officers.
Status of file as of April 5, 2018
On April 5, 2018, the Monitor filed the Monitor's Plan Completion Certificate. Accordingly, the terms of the plan have been completed in accordance with the Sanction Order and the CCAA proceedings are terminated
Status of file as of March 14, 2018
On March 13, 2018, the Monitor filed with the Court the Monitor's Plan Implementation Certificate, a copy of which is posted in the Court Orders section of this website. Allarco advises that it will commence issuing payments to the Affected Creditors over the next several days. Any questions regarding the status of the payments should be directed to Allarco
Status of file as of February 16, 2018
On February 16, 2018, the Court granted an order sanctioning the Plan. Allarco anticipates issuing payments to the Affected Creditors during the week of March 12, 2018, subject to the 21 day appeals period having expired without an appeal of the Sanction Order.
Status of file as of February 6, 2018
On February 5, 2018, Allarco filed an application seeking an order sanctioning the Plan of Arrangement or Compromise. The application will be heard at 10:00am February 16, 2018. In addition, on February 5, 2018, the Monitor filed its Seventh Report to the Court.
Status of file as of January 25, 2018
On January 24, 2018, a meeting of Affected Creditors for the purpose of enabling such creditors to consider and vote on a resolution to approve the Plan was held at the offices of PricewaterhouseCoopers Inc. A resolution approving the Plan passed by the required majority of Affected Creditors. Allarco will be applying to Court for an order sanctioning the Plan on February 16, 2018. Further information on this application will be posted to this website during the week of February 5, 2018.
Status of file as of December 14, 2017
On December 13, 2017, the Court granted an order authorizing Allarco to file its Plan of Arrangement or Compromise (the "Plan"). In addition, the Court authorized Allarco to call and hold a meeting of Affected Creditors for the purpose of enabling such creditors to consider and vote on a resolution to approve the Plan. The meeting is scheduled to be held at 2pm, Wednesday, January 24, 2018 at the offices of PricewaterhouseCoopers Inc. A copy of the Meeting Order is posted in the Court Orders section of this website. A copy of the Notice to Affected Creditors of the Meeting, Affected Creditors' Proxy and Instructions for Completing Proxy, and the Plan are posted in the Meeting Materials section of this website. The Monitor notes that the pool of funds available for distribution under the Plan totals $2.95 million.
Status of file as of December 7, 2017
On December 6, 2017, Allarco filed an application seeking approval to file its Plan of Arrangement or Compromise (the "Plan") and approval to hold and conduct a meeting of creditors whose claims are to be affected by the Plan for the purpose of enabling such creditors to consider and vote on a resolution to approve the Plan. The application will be heard at 8:45am, Wednesday, December 13, 2017.
Status of file as of November 10, 2017
On November 2, 2017 the Court dismissed the application by Shaftsbury Slasher 1 Inc. and HSBC challenging the security of Rosedale Meadows Development Inc. and Peter Allard and declaring their respective secured claims valid. Further, on November 3, 2017 the Court ordered that Nomadic and Van Helsing shall file and serve its draft statement of claim (referenced in the Monitor's 5th Report) by December 1, 2017, failing which Nomadic and Van Helsing shall be barred from asserting any such claim. The Court also ordered that any creditor wishing to pursue a claim against the sole director of Allarco for breach of duty to warn of the possibility than an agreement with that creditor might be resiliated or disclaimed, shall have filed and served a statement of claim by December 1, 2017, failing which that creditor shall be barred from asserting such a claim. A copy of this order is posted in the Court Orders section of this website.
Status of file as of November 1, 2017
On October 31, 2017, the Court granted an order extending the stay of proceedings to February 28, 2018.
Status of file as of October 20, 2017
On October 20, 2017, the Monitor filed its Fifth Report to the Court in support of the Company's application for an extension of the stay of proceedings. The Motion will be heard on October 31, 2017. In addition, various materials were filed by Shaftesbury Slasher 1 Inc. ("Shaftesbury"), Rosedale Meadows Development Inc. ("Rosedale") and Peter Allard pursuant to September 15th Order of Mr. Justice Hillier in respect of Shaftesbury's challenge of the secured claims of Rosedale and Peter Allard to be heard on November 2, 2017.
Status of file as of September 17, 2017
On September 15, 2017, upon application of Allarco, the Court granted an order requiring parties wishing to challenge the secured claims of Peter Allard and Rosedale Meadows Developments Inc., to adhere to certain dates to file materials and bring an application. In addition, the Court set a claims bar date of October 6, 2017 in respect of the same.
Status of file as of May 18, 2017
On May 17, 2017, the Court granted an order extending the stay of proceedings to October 31, 2017.
Status of file as of May 5, 2017
On May 1, 2017, Allarco filed an application seeking approval for an extension of the stay of proceedings to October 31, 2017. The Motion will be heard on May 17, 2017. In addition, on May 5, 2017 the Monitor filed its Fourth Report to the Court.
Status of File as of January 25, 2017
On January 24, 2017, the Court granted an order approving the Claims Procedure sought by Allarco. In accordance with the Claims Process Order:
- The process relates to Known and Unknown Claims, and 2016 and 2017 Disclaimer Claims;
- The process is a reverse claims procedure;
- Pursuant to the Claims Process Order claims packages will be sent to Known Claimants and 2016 Disclaimer Claimants on February 17, 2017
- The Claims Bar Date is set at 5:00 p.m. (Edmonton time), March 17, 2017 (the “Claims Bar Date”);
- After reviewing the claims received by the Claims Bar Date, Allarco in consultation with the Monitor, will issue, if applicable, a notice of revision or disallowance of any disputed claims, by no later than April 7, 2017;
- Claimants who wish to dispute the notice of revision or disallowance must do so by no later than April 21, 2017; and
- Allarco, in consultation with the Monitor, may bring a Court application to determine any unresolved disputes.
It is recommended that creditors review the Monitor's Third Report and the Claims Procedure Order for further details on the Claims Procedure.
In addition, on January 24, 2017 the Court also issued an order extending the stay of proceedings in this matter up to and including May 25, 2017.
Status of file as of January 17, 2017
On January 16, 2017, Allarco filed an application seeking approval of a claims process and an extension of the stay of proceedings to May 25, 2017. The Motion will be heard on January 24, 2017. In addition, on January 16, 2017 the Monitor filed its Third Report to the Court.
Status of file as of October 5, 2016
As noted in the Monitor’s Second Report, a number of program suppliers filed applications with the Court disputing the disclaimers issued by Allarco. The hearing in respect of these applications was originally scheduled for September 6 and 7, 2016 but subsequently adjourned to September 27, 2016. The Monitor advises that all parties withdrew their applications with the exception of Incendo Media Inc. Incendo sought, among other things, an order requiring Allarco to pay amounts due during the 30 day disclaimer period. On September 27, 2016, the Court rendered a decision from the bench dismissing Incendo’s application. The Monitor has posted the order and transcript of this decision in the Court Orders section of this website.
Status of file as of September 10, 2016
On September 7, 2016, the Court granted an order extending the stay of proceedings to February 2, 2017.
Status of file as of August 30, 2016
On August 26, 2016, Allarco filed an application seeking an extension of the stay of proceedings to February 2, 2017. The Motion will be heard on September 7, 2016. In addition, on August 30, 2016 the Monitor filed its Second Report to the Court.
Status of file as of June 23, 2016
On June 22, 2016, the Court granted an order extending the stay of proceedings to September 22, 2016.
Status of file as of June 15, 2016
On June 9, 2016, Allarco filed an application seeking an extension of the stay of proceedings to September 22, 2016. The Motion will be heard on June 22, 2016. In addition, on June 14, 2016 the Monitor filed its First Report to the Court.
Status of file as of May 26, 2016
On May 26, 2016, the Court of Queen’s Bench of Alberta granted an Order providing protection for Allarco Entertainment 2008 Inc.and Allarco Entertainment Limited Partnership (“Allarco” or the “Company”) under the Companies’ Creditors Arrangement Act (“CCAA”). PricewaterhouseCoopers Inc. was named as Monitor in the Order.
This Web site will be updated as information becomes available.
For more information, please contact: Sean Fleming, Telephone: +1 780 441 6738, or via Email.
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