Claims Procedure

View this page in: Español

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.

On May 10, 2016, the Ontario Superior Court of Justice Commercial List (the “Court”) issued an order (the “Claims Procedure Order”) approving a claims procedure (“Claims Procedure”) for the submission, evaluation and adjudication of claims against Pacific Exploration & Production Corporation (“Pacific”) and its past and present directors and officer (the “Directors or Officers”).

The Claims Procedure applies only to the Claims described in the Claims Procedure Order and is not a call for claims against any of Pacific’s direct or indirect subsidiaries. This is consistent with the Initial Order which defines Unaffected Claims to include claims for the provision of goods and/or services in Colombia or Peru. For clarity, this means that the claims for provision of goods and/or services in Colombia or Peru will be paid in the ordinary course during the CCAA process.

The Claims Procedure is intended to identify and determine the amount of any claims against Pacific and the Directors or Officers of Pacific, whether unliquidated, contingent or otherwise, that are to be affected in the Plan of Compromise and Arrangement being pursued by Pacific under the CCAA (the “Plan”).

If you believe that you have a Claim against Pacific or a Director or Officer of Pacific (other than Noteholders in respect of Noteholder Claims and Bank Lenders in respect of Bank Claims), you must complete and file a Proof of Claim form with the Monitor.  All Proofs of Claim for Pre-filing Claims (i.e. Claims against Pacific arising prior to April 27, 2016) and all Director/Officer Claims must be received by the Monitor before 5:00 p.m. (Toronto Time) on June 10, 2016 (the “Claims Bar Date”) unless the Court orders that the Proof of Claim be accepted after that date. 

All Proofs of Claim for Restructuring Period Claims (i.e. Claims against Pacific arising on or after April 27, 2016) must be received by the Monitor on the date that is seven (7) Calendar Days after termination or repudiation of the agreement or other event giving rise to the Restructuring Period Claim (the “Restructuring Period Claims Bar Date”), unless the Court orders that the Proof of Claim be accepted after that date. 

If you do not file a Proof of Claim by the Claims Bar Date (other than Noteholders in respect of Noteholder Claims and Bank Lenders in respect of Bank Claims) or the Restructuring Period Claims Bar Date, as applicable, you shall not be entitled to vote at any meeting of creditors regarding the Plan or participate in any distribution under such Plan in respect of such Claims and any such Claims you may have against Pacific and/or any of the Directors and Officers of Pacific shall be forever extinguished and barred.

Noteholders who wish to assert Claims for amounts other than the principal of and accrued interest on their Notes must file Proofs of Claim.

Bank Lenders who wish to assert Claims for amounts other than the principal of and accrued interest on the Bank Facilities must file Proofs of Claim.

All capitalized terms have the meaning given to them in the Claims Procedure Order. Reference should be made to the Claims Procedure Order for the complete definition of “Noteholder Claim”, “Bank Claim”, “Claim”, “Pre-Filing Claim “, “Restructuring  Period Claim” and “Director/Officer Claim”.

All notices and inquiries with respect to the Claims Procedure should be directed to the Monitor by prepaid registered mail, courier, personal delivery, electronic communication or facsimile transmission at the address below:

PricewaterhouseCoopers Inc.,
Monitor of Pacific Exploration & Production Corporation et al.
PwC Tower
18 York Street, Suite 2600
Toronto, Ontario M5J 082
Attention: Tammy Muradova
Email: cmt_processing@ca.pwc.com
Canada/US Toll Free: +1 844-855-8568
Colombia Toll Free: 01 800-518-2167
Or US Direct: +1 503-520-4469
Facsimile: +1 416-814-3219

Title Date
Claims Procedure Order 2016-05-10
Notice to Creditors 2016-05-10
Instruction Letter 2016-05-10
Proof of Claim form 2016-05-10

To download a PDF to your computer click and hold the 'right' mouse button on the link above and select 'save link as' or 'save target as'. To view in your browser, click the link with your 'left' mouse button.

Contact us

Tammy Muradova

Tel: +1 416 941 8383 ext 14456

Follow PwC Canada