ALVAREZ & MARSAL CANADA INC.
June 18, 2021
Effective June 18, 2021, Sunniva Canada has, pursuant to the order made by the Supreme Court of British Columbia on February 12, 2021 (the "Sanction Order") implemented the Amended and Consolidated Plan of Compromise and Arrangement dated January 14, 2021, including issuance of an aggregate of 755,814,804 common shares of Sunniva pursuant to the Plan (the "Plan Shares"). Pursuant to the Sanction Order, the Petitioners are now discharged and released from their CCAA proceedings and Alvarez & Marsal Inc. is now discharged and released from its duties in relation to the Petitioners.
April 26, 2021
On April 26, 2021, the regulator or security regulatory authority in each of British Columbia and Ontario granted a partial revocation to Sunniva Inc.’s Cease Trade Order (the “Partial Revocation Order”), which permits Sunniva Inc. to issue common shares in connection with a debt-to-equity conversion contemplated under the Plan.
Please refer to the “Partial Revocation Order” for further details.
February 12, 2021
On February 12, 2021, the Court granted an order, among other things, to sanction the Plan of Sunniva and to extend the Stay Period (as defined in Paragraph 15 of the ARIO) until and including July 30, 2021.
January 15, 2021
On January 15, 2021, the Court granted an order permitting the Sunniva to present its Amended Consolidated Plan of Arrangement and Compromise (the “Plan”) to its creditors. The Court also granted an order, among other things, to extend the Stay Period (as defined in Paragraph 15 of the ARIO) until and including February 12, 2021.
December 11, 2020
On November 27, 2020, the Court granted an order, among other things, to extend the Stay Period (as defined in Paragraph 15 of the ARIO) until and including January 15, 2021.
November 27, 2020
On November 27, 2020, the Court granted an order, among other things, to extend the Stay Period (as defined in Paragraph 15 of the ARIO) until and including December 11, 2020.
October 19, 2020
On October 19, 2020, the Court issued the Amended and Restated Initial Order (the “ARIO”) which, among other things, extended the Stay Period (as defined in Paragraph 15 of the ARIO) until and including November 27, 2020.
On the same day, the Court also issued an order approving the claims process for persons who wish to assert a Claim against the Sunniva or any of the Directors or Officers. Claims packages and additional information are available under the “Claims Process” section.
October 9, 2020
On October 9, 2020, Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd (collectively, “Sunniva”), were granted an initial order (the “Initial Order”) to commence proceedings (the “CCAA Proceedings”) under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the “CCAA”). Pursuant to the Initial Order, Alvarez & Marsal Canada Inc. was appointed as monitor (the “Monitor” or “A&M”) in the CCAA Proceedings.
The Initial Order granted a stay of proceedings until October 19, 2020 (the “Stay Period”) and provided that the during the Stay Period, no proceedings may be commenced against or in respect of Sunniva.
Nishant Virmani
Analyst
Alvarez & Marsal Canada Inc.
Cathedral Place Building
925 West Georgia Street, Suite 902
Vancouver, BC V6C 3L2
Phone: 604-639-0850
Fax: 604-638-7441
Email: sunniva@alvarezandmarsal.com